In Re: A.B. and S.B., 17-0786

DHHR filed abuse and neglect petition in 2015 after infant A.B. was born drug-exposed; petitioner D.B. admitted substance abuse and was adjudicated an abusing parent.
D.B. received a post-adjudicatory improvement period in 2015 but failed to comply with treatment and drug screens; the improvement period was terminated in February 2016. A.B. was placed in foster care.
In January 2017 DHHR filed an amended petition after newborn S.B. and D.B. both tested positive for cocaine at birth; D.B. stipulated to the allegations and was adjudicated an abusing parent for S.B.
D.B. sought a second post-adjudicatory improvement period but testified to continued substance use (including cocaine during pregnancy and ongoing alcohol use); DHHR presented positive drug/alcohol tests and other noncompliance.
The circuit court denied a second improvement period, found no reasonable likelihood D.B. could correct conditions of abuse/neglect, and terminated her parental rights to A.B. and S.B.; father of A.B. voluntarily relinquished rights, father of S.B. is non‑abusing and has custody of S.B.

Issue	Petitioner D.B.'s Argument	DHHR/Circuit Court's Argument	Held
Whether D.B. was entitled to a post‑adjudicatory improvement period for S.B.	D.B. said she was honest about addiction, had made some progress (shifted from cocaine to alcohol), and would participate in services.	D.B. previously failed to complete an improvement period, continued drug use (including cocaine during pregnancy), failed treatment and screenings, so she was unlikely to fully participate.	Denied: court found D.B. failed to show by clear and convincing evidence she would likely fully participate.
Whether termination of parental rights was proper under West Virginia law	D.B. argued she made improvements, maintained employment, and showed capacity to overcome addiction.	D.B. has ongoing substance abuse, did not complete treatment or follow the case plan, and poses ongoing risk; no reasonable likelihood conditions could be corrected.	Affirmed: termination appropriate under W. Va. Code §49‑4‑604(b)(6) and (c)(3).

In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (standard of review for circuit court findings in abuse and neglect bench trials).
In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (bench‑trial findings of fact reviewed under clearly erroneous standard).
In re R.J.M., 164 W.Va. 496, 266 S.E.2d 114 (1980) (termination of parental rights may be imposed without less‑restrictive alternatives when no reasonable likelihood conditions can be corrected).
In re Kristin Y., 227 W.Va. 558, 712 S.E.2d 55 (2011) (affirming termination principles and statutory authority).