In re H.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of petitioner mother's parental rights to H.S. in an abuse and neglect proceeding. The court held that clear and convincing evidence supported her adjudication as an abusing parent and that termination was warranted because she failed to acknowledge or adequately address the father's sexual abuse of the child.

Holdings

1. The circuit court did not err in adjudicating petitioner as an abusing parent because clear and convincing evidence showed that she knowingly failed to protect H.S. from the father's sexual abuse and failed to provide appropriate supervision and protection.
2. Termination of petitioner's parental rights was proper because there was no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future and termination was necessary for H.S.'s welfare.

Questions Presented

1. Whether the circuit court properly adjudicated petitioner as an abusing parent based on her failure to protect H.S. from the father's sexual abuse.
2. Whether the circuit court properly terminated petitioner's parental rights rather than using a less restrictive dispositional alternative.

Disposition

affirmed