In re A.R.-1, A.R.-2, and E.R.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a father's parental rights in a child abuse and neglect proceeding. The court held that the circuit court did not abuse its discretion by denying a post-adjudicatory improvement period because the father's incarceration prevented meaningful participation and by denying his request to attend the dispositional hearing in person, where he participated by videoconference and was able to testify and consult with counsel.

Holdings

1. The circuit court properly denied the post-adjudicatory improvement period because father failed to demonstrate by clear and convincing evidence that he was likely to fully participate, and the record supported the finding that meaningful improvement was not likely while he remained incarcerated.
2. An incarcerated parent has no automatic or absolute right to be physically present at a dispositional hearing addressing termination of parental rights. The circuit court did not abuse its discretion or deny father due process by allowing him to participate by video conference after balancing the relevant factors and permitting him to testify, consult privately with counsel, and have counsel cross-examine witnesses.

Questions Presented

1. Whether the circuit court abused its discretion by denying father's request for a post-adjudicatory improvement period.
2. Whether the circuit court violated father's due-process rights or otherwise abused its discretion by denying his request to attend the dispositional hearing in person while allowing him to participate by video conference.

Disposition

affirmed