West Virginia Supreme Court November 8, 2023, 22-698 (In re B.P.)

FILED

No. 22-698 – In re B. P. November 8, 2023

released at 3:00 p.m.

EDYTHE NASH GAISER, CLERK

WOOTON, J., dissenting: SUPREME COURT OF APPEALS

OF WEST VIRGINIA

I dissent to the majority’s affirmance of the circuit court’s adjudication and

termination of petitioner’s parental rights based solely on his incarceration, in

contravention of our decades-long precedent that mere incarceration is not