In re Z.A. and M.A.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner father H.A.’s parental rights to Z.A. and M.A. The court held that he failed to make sufficient improvement during his post-adjudicatory improvement period, particularly regarding suitable housing and cooperation with services. The court also concluded that the DHHR’s untimely family case plan did not prejudice him and that reasonable reunification efforts were made.

Holdings

1. The circuit court did not err in finding that father failed to make sufficient improvement to justify returning the children to his home.
2. The DHHR's failure to timely file the family case plan did not constitute reversible error under the specific circumstances of this case because father was aware of the requirements, received services, and was not prejudiced by the delay.
3. The circuit court did not err in finding that the DHHR made reasonable efforts to reunify the family or in terminating father's parental rights.

Questions Presented

1. Whether the circuit court clearly erred in finding that father failed to satisfy the terms and conditions of his post-adjudicatory improvement period.
2. Whether the DHHR's untimely filing of the family case plan required reversal of the termination order under West Virginia Code § 49-4-408(a).
3. Whether the DHHR made reasonable efforts to reunify the family before termination of father's parental rights.
4. Whether the evidence supported findings that there was no reasonable likelihood the conditions of abuse and neglect could be substantially corrected in the near future and that termination was necessary for the children's welfare.

Disposition

affirmed