Gustaveson v. Iowa

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “[o]nce there has been a proper finding of abuse or neglect, the proceedings move into the dispositional phase, which is governed by W.Va. Code § 49-6-5.”
• stating that “[o]nce there has been a proper finding of abuse or neglect, the proceedings move into the dispositional phase, which is governed by W.Va. Code § 49-6-5.”
• explaining that West Virginia Code § 49-4-604 “provides a number of dispositional alternatives which the court may consider, giving precedence to the least restrictive alternative appropriate to the circumstances”
• establishing that clear and convincing proof is required to terminate parental rights
• requiring clear and convincing evidence to support termination of a parent’s rights at disposition
• “The State must produce clear and convincing evidence that there is ‘no reasonable likelihood that the conditions of neglect or abuse can be substantially corrected in the near future’ before a circuit court may sever the custodial rights of the natural parents . . . .”

Source: CourtListener parenthetical corpus (CC0).