Background
The West Virginia Department of Human Services filed an abuse-and-neglect petition alleging that the father subjected his children to domestic violence, physical abuse, and emotional abuse. Evidence included allegations that he struck children with a belt and phone cord, pointed a gun at the children, and made one child lick or eat his vomit. The circuit court adjudicated him based on domestic violence.
At disposition, the father said he would not participate in the proceeding, services, or an improvement period. The circuit court terminated his parental rights after finding no reasonable likelihood that the conditions of abuse and neglect could be substantially corrected in the near future. He later sought reconsideration, modification of disposition, and post-termination visitation.
The Court’s Holding
The Supreme Court of Appeals affirmed. It held that the circuit court acted within its discretion in denying an improvement period because the father expressly refused to participate and therefore did not prove by clear and convincing evidence that he was likely to fully participate.
The Court further held that, once his parental rights were terminated by final order, the father lacked standing under West Virginia Code § 49-4-606 to seek modification of the children’s disposition. His request for post-termination visitation was also untimely: he did not seek it before entry of the final dispositional order and did not establish good cause for the late request.
Key Takeaways
- A parent seeking an improvement period must show a likelihood of full participation; an express refusal to participate supports denial.
- A parent whose rights have been terminated lacks standing to seek disposition modification under West Virginia Code § 49-4-606.
- A post-termination-visitation request filed after the final dispositional order requires good cause.
Why It Matters
The decision reinforces that improvement periods are discretionary and depend on demonstrated willingness to engage in services, not a later change of heart. It also applies strict procedural limits to efforts to revisit disposition and seek visitation after parental rights have been terminated.