On Tuesday, March 12, 2013, the West Virginia Supreme Court of Appeals issued a memorandum decision upholding the termination of a father's parental rights due to his drug and alcohol abuse.
In July, 2011, the West Virginia Department of Health and Human Resources Child Protective Services ("CPS") filed a petition against the father alleging that his drug and alcohol abuse constituted child abuse and neglect. The father was granted two different improvement periods, during which he was to refrain from drug and alcohol use.
During the case, the father appeared before the Circuit Court intoxicated, and on other occasions tested positive for alcohol and methamphetamine. CPS then sought to have his rights terminated. The Circuit Court noted that the father had the ability to participate in rehabilitation, but that he chose not to do so, denying his addiction problems. In October, 2012, the Circuit Court terminated his parental rights.
The father argued to the WV Supreme Court that he had a strong bond with the child and that the Circuit Court erred by terminating his rehabilitation period early. The WV Supreme Court found no error in the Judge's rulings, stating that "there was no reasonable likelihood to believe that the conditions of abuse and neglect could be substantially corrected in the near future and ... that termination was necessary for the child’s welfare."
Here is the link to the full opinion by the WV Supreme Court:
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