Summary
The West Virginia Supreme Court of Appeals affirmed an order terminating the mother's parental rights to three children in an abuse and neglect proceeding. The Court held that the evidence supported findings of abandonment and no reasonable likelihood that the conditions of neglect or abuse could be substantially corrected, and that termination was the least restrictive disposition.
Holdings
- The circuit court properly found that petitioner abandoned her children and that there was no reasonable likelihood that the conditions of neglect or abuse could be substantially corrected in the near future.
- The circuit court did not err in terminating petitioner's parental rights without employing an intervening less-restrictive alternative because the evidence established that the conditions could not be substantially corrected in the near future.
Questions Presented
- Whether the circuit court erred in finding that there was no reasonable likelihood that the conditions of neglect or abuse could be substantially corrected in the near future.
- Whether the circuit court erred by terminating petitioner's parental rights without employing a less-restrictive dispositional alternative.
Disposition
affirmed
Cases Cited (8)
- In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015)(followed)
- Melinda H. v. William R. II, 230 W. Va. 731, 742 S.E.2d 419 (2013)(followed)
- State v. Brandon B., 218 W. Va. 324, 624 S.E.2d 761 (2005)(followed)
- State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990)(followed)
- In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
- In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (2011)(followed)
- In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (1980)(followed)
- In re Kristin Y., 227 W. Va. 558, 712 S.E.2d 55 (2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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