In Re: B.R.-2, 16-1230

Mother J.R. previously had parental rights to two older children involuntarily terminated in 2009 after operating a methamphetamine lab; she was ordered to remain drug- and alcohol-free and submit to random screens.
J.R. gave birth to B.R.-2 in October 2015; both mother and newborn tested positive at birth for hydrocodone and Xanax (mother claimed prescriptions for some medications).
DHHR filed an abuse and neglect petition under West Virginia Code §49-4-605(a)(3) because of the prior involuntary termination and the positive drug screens.
At the adjudicatory hearing J.R.’s obstetrician acknowledged prescribing hydrocodone but not Xanax and testified the infant was habituated to medication; J.R. admitted past controlled-substance abuse and said she did not recall the prior court order banning controlled substances.
The circuit court denied a pre-adjudicatory improvement period, adjudicated J.R. an abusing parent (March 2016), and later terminated her parental rights to B.R.-2 (November 23, 2016).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether adjudication as an abusing parent was supported by clear and convincing evidence	J.R. argued evidence at adjudication was insufficient to prove abuse	DHHR argued prior involuntary termination plus positive drug tests at birth and continued substance use met the statutory threshold	Court held adjudication was supported by clear and convincing evidence and affirmed
Whether the court erred in denying a pre-adjudicatory improvement period	J.R. sought a pre-adjudicatory improvement period to remedy conditions	DHHR relied on statutory framework requiring filing when prior involuntary termination exists and on evidence of ongoing substance use	Court upheld denial given prior termination, positive tests, and admissions of continued substance abuse

In re Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for bench trial findings of fact and clearly erroneous rule)
Brown v. Gobble, 196 W.Va. 559, 474 S.E.2d 489 (1996) (definition of clear and convincing evidence)
In re George Glen B. Jr., 205 W.Va. 435, 518 S.E.2d 865 (1999) (requirement to review whether parent remedied conditions after prior involuntary termination)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (restating standard of review for abuse and neglect bench findings)
In re F.S. and Z.S., 233 W.Va. 538, 759 S.E.2d 769 (2014) (discussion of clear and convincing standard in abuse and neglect context)