In re B.H.

171 Citing cases

  1. In re F.N.

    No. 21-0898 (W. Va. Oct. 7, 2022)

    Syl. Pt. 4, In re B.H., 233 W.Va. 57, 754 S.E.2d 743 (2014).

  2. In re F.N.

    885 S.E.2d 558 (W. Va. 2022)

    the overriding consideration must be whether the issues that brought about the allegations of abuse and/or neglect have been addressed by the parent in a substantive and effective manner, and whether those conditions of abuse and/or neglect have been sufficiently remedied such that it is in the child's best interests to be returned to the parent's custody. In re B.H., 233 W. Va. 57, 65, 754 S.E.2d 743, 751 (2014). In this case, the circuit court found that petitioner had not successfully completed her improvement period because she had not complied with her counseling requirement and admitted to only recently ending her relationship with B.C. Regarding the petitioner's requirement to participate in therapy, the circuit court observed that

  3. In re S.H.

    237 W. Va. 626 (W. Va. 2016)   Cited 23 times

    Moreover, “[t]he assessment of the overall success of the improvement period lies within the discretion of the circuit court regardless of whether the individual has completed all suggestions or goals set forth in family case plans.” Id. (internal quotation marks omitted); see also syl. pt. 4, In re B.H. , 233 W.Va. 57, 754 S.E.2d 743 (2014) (“In making the final disposition in a child abuse and neglect proceeding, the level of a parent's compliance with the terms and conditions of an improvement period is just one factor to be considered. The controlling standard that governs any dispositional decision remains the best interests of the child.”).

  4. W.Va. Dep't of Human Servs. v. David B.

    No. 23-275 (W. Va. Nov. 14, 2024)

    offenders[]"); In re Randy H., 220 W.Va. 122, 640 S.E.2d 185 (2006) (requiring DHS to amend petition to include exposure to sex offenders as allegation of abuse and/or neglect); In re B.H., 233 W.Va. 57, 754 S.E.2d 743 (2014) (affirming termination of custodial rights and denial of visitation where mother associated with sex offenders); In re A.D., No. 14-0507, 2014 WL 6634543, at *3 (W.Va. Nov. 24, 2014) (memorandum decision) (affirming termination where "Petitioner Mother allowed her boyfriend, a known registered sex offender, to live in her home and care for the children[]"); In re L.C., No. 14-0008, 2014 WL 2462981, at *2 (W.Va. June 2, 2014) (memorandum decision) (finding improvement period violated and termination required where father "permit[ted] his children to associate with a registered sex offender."); In re M.W., No. 15-0196, 2015 WL 7628820, at *2 (W.Va. Nov. 23, 2015) (memorandum decision) (affirming termination of rights based on adjudication for "knowingly allowing a registered sex offender in the home with the children[]"); In re N.U., No. 15-0032, 2015 WL 6181469 (W.Va. Oct. 20, 2015) (m

  5. In re H.T.

    902 S.E.2d 143 (W. Va. 2024)   Cited 3 times
    Finding In re S.C. distinguishable from the facts of the matter

    4. "The controlling standard that governs any dispositional decision remains the best interests of the child." Syllabus Point 4, in part, In re R.H., 233 W. Va. 57, 754 S.E.2d 743 (2014). Appeal from the Circuit Court of Marion County, The Honorable David R. Janes, Judge, Case Number: CC-24-2019-JA-42

  6. In re E.S.

    No. 23-264 (W. Va. May. 13, 2024)

    Syl. Pt. 3, in part, In re B.H., 233 W.Va. 57, 754 S.E.2d 743 (2014) (quoting Syl. Pt. 6, In re Carlita B., 185 W.Va. 613, 408 S.E.2d

  7. In re B.H.

    No. 22-678 (W. Va. Nov. 9, 2023)

    The controlling standard that governs any dispositional decision remains the best interests of the child." Syl. Pt. 4, In re B.H., 233 W.Va. 57, 754 S.E.2d 743 (2014). Similarly, Petitioner Father argues that the circuit court erred in terminating his parental rights because he fully participated in and benefited from services, maintained employment, and never missed or failed a drug screen throughout the proceedings.

  8. In re A.J.

    No. 21-1009 (W. Va. May. 12, 2022)

    Syl. Pt. 4, In re B.H., 233 W.Va. 57, 754 S.E.2d 743 (2014); see also In re Frances J.A.S., 213 W.Va. 636, 646, 584 S.E.2d 492, 502 (2003) ("The question at the dispositional phase of a child abuse and neglect proceeding is not simply whether the parent has successfully completed his or her assigned tasks during the improvement period.

  9. In re D.R.

    No. 21-0562 (W. Va. Apr. 14, 2022)

    The controlling standard that governs any dispositional decision remains the best interests of the child. Syl. Pt. 4, In re B.H., 233 W.Va. 57, 754 S.E.2d 743 (2014); see also In re Frances J.A.S., 213 W.Va. 636, 646, 584 S.E.2d 492, 502 (2003) ("The question at the dispositional phase of a child abuse and neglect proceeding is not simply whether the parent has successfully completed his or her assigned tasks during the improvement period. Rather, the pivotal question is what disposition is consistent with the best interests of the child.").

  10. In re A.S.-B.

    No. 21-0600 (W. Va. Apr. 14, 2022)

    The controlling standard that governs any dispositional decision remains the best interests of the child. Syl. Pt. 4, In re B.H., 233 W.Va. 57, 754 S.E.2d 743 (2014); see also In re Frances J.A.S., 213 W.Va. 636, 646, 584 S.E.2d 492, 502 (2003) ("The question at the dispositional phase of a child abuse and neglect proceeding is not simply whether the parent has successfully completed his or her assigned tasks during the improvement period. Rather, the pivotal question is what disposition is consistent with the best interests of the child.").