In Re: B.L.-1, E.L., J.L., and B.L.-2, 16-0822

DHHR filed an abuse and neglect petition (June 2015) after Mother (A.L.) repeatedly tested positive for controlled substances while in Drug Court and was discharged from RSAT; Father (J.L.) was incarcerated.
Mother stipulated to the neglect allegations at adjudication and was given a six-month improvement period requiring long-term drug treatment; she entered RSAT but was discharged.
DHHR moved to terminate parental rights, alleging continued drug abuse, RSAT discharge, and ongoing criminal activity; Mother was also incarcerated during proceedings.
At the first dispositional hearing (March 2016) the court found sufficient evidence to terminate but granted a three-month extension for Mother to re-enter treatment, resolve mental-health issues, and clarify her relationship with J.L.
At the final dispositional hearing (July 2016) Mother remained incarcerated, was ineligible to re-enter RSAT due to her drug-court discharge, was on waitlists for treatment in custody, and had not remedied the conditions of neglect; the court terminated her parental, custodial, and guardianship rights (Aug. 4, 2016).
The children remain together in foster care with a permanency plan of adoption; Mother appealed arguing insufficient findings and that incarceration alone cannot support termination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court made sufficient findings to support termination under W.Va. law (Lilith H. standard)	Mother: written order lacked adequate factual findings; record did not satisfy Lilith H.	DHHR: oral findings at dispositional hearings plus the written order collectively satisfied statutory and precedent requirements	Court: Oral findings at both dispositional hearings were adequate; no error in termination findings
Whether termination was based solely on incarceration (and thus improper)	Mother: she complied with directives but remained incarcerated; termination effectively punished incarceration alone	DHHR: termination based on prolonged incarceration plus longstanding, unremedied drug abuse, RSAT discharge, prior similar proceedings, and the children's need for permanency	Court: Termination was not based solely on incarceration; even if incarceration were central, precedent allows consideration of incarceration in best-interest analysis; affirmed

In re Edward B., 210 W.Va. 621 (2001) (orders terminating parental rights must contain required statutory findings or make them on the record)
In re Lilith H., 231 W.Va. 170 (2013) (reiterating requirement that findings appear in order or on the record for termination cases)
In re Cecil T., 228 W.Va. 89 (2011) (incarceration may support termination after evaluating nature, length, and confinement terms in light of child’s best interests)
In Interest of Tiffany Marie S., 196 W.Va. 223 (1996) (standard of review for circuit-court findings in bench trials)
In re Katie S., 198 W.Va. 79 (1996) (termination may be used without less-restrictive alternatives where there is no reasonable likelihood conditions can be corrected)