In Re: A.H., 17-0816

DHHR filed an abuse-and-neglect petition in May 2017 after newborn A.H. and mother N.H. tested positive for marijuana; mother had long history of substance abuse including prior involuntary termination of parental rights to two older children.
Parents lived in an RV with limited utilities; DHHR alleged pervasive substance abuse, lack of parenting skills, and inability to control behavior creating present dangers to the child.
Mother missed the adjudicatory hearing (claimed medical appointment), failed to stay in contact with CPS and counsel, did not comply with random drug screens, and did not participate in supervised visits.
At adjudication the circuit court found clear and convincing evidence of abuse/neglect, suspended visitation, and later at disposition denied a post-adjudicatory improvement period and terminated mother’s parental rights.
Circuit court relied on aggravating circumstances (prior involuntary termination), mother’s positive drug tests during proceedings, lack of cooperation, and assessed no reasonable likelihood she could correct conditions; permanency plan: adoption by an aunt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred by denying a post-adjudicatory improvement period before terminating parental rights	N.H.: court should have granted an improvement period so she could address substance abuse and reunify	DHHR/guardian: mother failed to show she would fully participate; prior noncompliance and continued drug use make an improvement period futile	Denial affirmed — circuit court acted within discretion; mother failed to show likelihood of full participation
Whether termination was appropriate under WV Code § 49-4-604(b)(6) (no reasonable likelihood conditions can be corrected)	N.H.: termination premature without chance to remediate	DHHR/guardian: continued substance abuse, prior involuntary termination, noncompliance with services show conditions won’t be corrected	Termination affirmed — statutory standard met; termination necessary for child’s welfare

In Interest of Tiffany Marie S., 196 W.Va. 223 (standard of review for circuit court findings)
In re Cecil T., 228 W.Va. 89 (review standard for abuse-and-neglect findings)
In re: M.M., 236 W.Va. 108 (circuit court discretion to grant improvement period)
In re Katie S., 198 W.Va. 79 (discretion to grant improvement period within statutory requirements)
In re: Charity H., 215 W.Va. 208 (parent must show by clear and convincing evidence likelihood to fully participate in improvement period)
In re Kyiah P., 213 W.Va. 424 (prior involuntary termination relevant to reviewing whether parent remedied prior problems)
In re R.J.M., 164 W.Va. 496 (termination may be used without less restrictive alternatives when no reasonable likelihood of correction)
In re Kristin Y., 227 W.Va. 558 (reiterating termination standard)