In re K.P.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner father B.P.’s parental rights to K.P. The court held that the evidence supported findings that there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the child’s welfare. The court also held that termination could be imposed without an intervening less-restrictive alternative.

Holdings

1. The evidence supported the circuit court's finding that there was no reasonable likelihood petitioner could substantially correct the conditions of abuse and neglect in the near future.
2. Termination of petitioner's parental rights was necessary for the child's welfare.
3. Termination of parental rights may be employed without intervening less-restrictive alternatives when there is no reasonable likelihood that the conditions of abuse or neglect can be substantially corrected.
4. The Court could disregard petitioner's claim concerning a post-dispositional improvement period because he failed to cite the record showing that he requested it and failed to provide relevant supporting authority.
5. Conclusions of law are reviewed de novo, while factual findings in a bench-tried abuse and neglect case are reviewed for clear error and affirmed if plausible in light of the entire record.

Questions Presented

1. Whether the circuit court had sufficient evidence to find that there was no reasonable likelihood petitioner could substantially correct the conditions of abuse and neglect in the near future.
2. Whether termination of petitioner's parental rights was necessary for the child's welfare.
3. Whether the circuit court was required to employ a less-restrictive dispositional alternative before terminating petitioner's parental rights.
4. Whether petitioner's argument concerning a post-dispositional improvement period was adequately preserved and supported under Rule 10(c)(7) of the West Virginia Rules of Appellate Procedure.

Disposition

affirmed