In re C.G. and K.G.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner father K.C.'s parental rights to C.G. and K.G. The court upheld the denial of preadjudicatory and post-adjudicatory improvement periods and affirmed the father's adjudication for neglect based on his violation of an order prohibiting contact between the children and their mother. The court issued the decision as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The circuit court did not abuse its discretion in denying a preadjudicatory improvement period because the father's immediate and willful violation of a clear safety order demonstrated that no services were likely to correct the conduct.
2. The circuit court properly adjudicated the father as neglecting the children because his willful violation of the prohibition against contact with the mother threatened the children's physical and mental health through his failure to provide proper supervision.
3. The father was not entitled to relief because he failed to identify any portion of the record showing that he filed the written motion required to obtain a post-adjudicatory improvement period.

Questions Presented

1. Whether the circuit court erred by denying the father's motion for a preadjudicatory improvement period.
2. Whether the evidence supported adjudicating the father as neglecting the children based on his violation of the prohibition against contact with the mother.
3. Whether the father was entitled to relief concerning a post-adjudicatory improvement period when he failed to show that he filed a written motion requesting one.

Disposition

affirmed