In re A.W. and J.W.

Summary

The West Virginia Supreme Court of Appeals affirmed the termination of a father's parental rights to A.W. and J.W. The court held that the father's prolonged lack of contact, failure to provide support, and abandonment supported the finding that there was no reasonable likelihood that the conditions of neglect could be substantially corrected. The court also concluded that termination was necessary to provide the children with permanency and stability.

Holdings

1. The circuit court properly found no reasonable likelihood that the conditions of neglect could be substantially corrected because R.W.'s conduct constituted abandonment of the children.
2. Termination was necessary for the children's welfare because the children had been in DHS custody for approximately forty months and required permanency and stability.
3. The court declined to find reversible error in the denial of the post-adjudicatory improvement period because R.W. failed to adequately support the argument with relevant record documents or authority.

Questions Presented

1. Whether the circuit court properly found that there was no reasonable likelihood that the conditions of neglect could be substantially corrected in the near future based on R.W.'s abandonment of the children.
2. Whether termination of R.W.'s parental rights was necessary for the welfare of the children.
3. Whether the circuit court erred by denying R.W.'s motion for a post-adjudicatory improvement period.

Disposition

affirmed