In Re: A.G., 17-0475

Mother (A.W.) previously adjudicated in Feb 2016 for controlled-substance abuse and allowing a convicted felon/drug user (S.C.) in the home; she completed an improvement period and regained joint custody, and that petition was dismissed.
DHHR filed a new petition in Dec 2016 after police observed A.W. appearing under the influence and she later admitted to and tested positive for methamphetamine; allegations included that A.G. had been in S.C.’s presence despite a prior no-contact court order.
At the Feb 2017 adjudicatory hearing the court found A.W. to be an abusing parent and ordered no contact with S.C. and drug treatment.
At the Mar 2017 dispositional hearing A.W. requested an improvement period; she testified she briefly checked into an inpatient program but left after hours, denied having a drug problem, and attended Celebrate Recovery meetings; witness testimony suggested continued contact with S.C. and lack of cooperation with DHHR/CPS.
The circuit court denied a post-adjudicatory improvement period, found no reasonable likelihood A.W. could correct the conditions of abuse, and terminated her parental rights; the child was placed with the non-abusing father.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court erred in denying a post-adjudicatory improvement period	A.W.: court should have granted an improvement period before terminating rights	DHHR/court: A.W. failed to show she was likely to participate or complete an improvement period	Denial affirmed — court acted within discretion; A.W. did not demonstrate likely participation
Whether there was a reasonable likelihood A.W. could substantially correct conditions of abuse	A.W.: claimed steps toward rehab (inpatient attempt, meetings) and sought chance to improve	DHHR/court: continued substance use, noncompliance with no-contact order, failure to acknowledge problem	No reasonable likelihood found — termination permissible
Whether termination was necessary for the child's welfare	A.W.: termination premature without improvement period	DHHR/court: ongoing risk from parental substance use and contact with S.C. endangered child	Termination upheld as necessary for the child’s welfare
Standard of review and application of statutory grounds for termination	A.W.: procedural error in depriving improvement period	DHHR/court: statutory framework permits termination where parent fails rehabilitative efforts	Court applied abuse-and-neglect standards and West Virginia Code § 49-4-604 grounds; affirmed termination

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard for reviewing circuit court factual findings in abuse and neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (review standard reiterated for abuse-and-neglect proceedings)
In re: M.M., 236 W.Va. 108, 778 S.E.2d 338 (2015) (circuit court has discretion to grant or deny improvement periods)
In re Katie S., 198 W.Va. 79, 479 S.E.2d 589 (1996) (discretion to grant improvement period within statutory requirements)
In re: Charity H., 215 W.Va. 208, 599 S.E.2d 631 (2004) (parent’s entitlement to improvement period conditioned on showing by clear and convincing evidence likelihood of full participation)