In Re: B.S.-2, T.S. and D.S., 16-0374

DHHR filed abuse and neglect petitions in June 2015 concerning three children, alleging among other things prior termination of the father’s rights to another child and the mother’s substance abuse during pregnancy.
Father (B.S.-1) waived a preliminary hearing and in July 2015 stipulated to the petition at adjudication; the circuit court found abuse.
The court granted a post-adjudicatory improvement period requiring psychological evaluation, random drug screens, parenting and life-skills classes, inpatient drug treatment, and supervised visits.
By November 2015 the father had tested positive for cocaine, failed to submit to random screens thereafter, did not enter inpatient treatment, did not regularly attend services, and had not visited the children since October; the court terminated his improvement period.
Father did not appear at the January 2016 dispositional hearing; his counsel requested a continuance which the court denied, and the court terminated the father’s parental rights, finding no reasonable likelihood conditions could be corrected and that termination was in the children’s best interests.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred in denying a continuance of the dispositional hearing	Father argued he had attended earlier hearings and that his later attendance issues did not warrant denial	DHHR/guardian argued father was represented by counsel, had not participated in services, and absence did not prejudice proceedings	Court affirmed denial: continuance is discretionary and father’s absence did not justify delay
Whether terminating father’s parental rights was erroneous	Father argued he expressed a desire to seek and complete VA substance abuse treatment	DHHR/guardian argued father failed to follow the case plan (positive drug test, no treatment entry, no drug screens, no visits)	Court affirmed termination: no reasonable likelihood conditions could be substantially corrected and termination served children’s best interests

In re Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review and discretion on continuances in abuse/neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (applying standards for findings of fact in non-jury child welfare cases)
In re Katie S., 198 W.Va. 79, 479 S.E.2d 589 (1996) (termination may be ordered when no reasonable likelihood conditions of neglect/abuse can be substantially corrected)