In Re: B.S. and A.S., 17-0530

DHHR filed abuse and neglect petition after mother (A.D.) used methamphetamine and Suboxone during pregnancy; newborn B.S. tested positive and showed withdrawal symptoms.
Mother had prior involuntary terminations of parental or custodial rights to four older children (three terminated in 2010; A.S. custodial rights terminated in 2013).
Mother stipulated to the allegations at adjudication; later moved for a post-adjudicatory improvement period.
At disposition the DHHR recommended an improvement period but the court heard evidence that mother inconsistently submitted to drug screens, sometimes tested positive, missed multiple screens, and failed to appear at the dispositional hearing.
Circuit court denied the improvement period, found no reasonable likelihood conditions could be corrected given her history and noncompliance, and terminated her parental and custodial rights to B.S. and A.S.; permanency: B.S. adoption, A.S. remains with non‑abusing father.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of continuance at dispositional hearing was error	Mother: denial deprived her opportunity to present testimony/arguments	DHHR/Ct: mother made no effort to contact counsel and failed to appear	Court: no abuse of discretion; denial proper
Whether mother was entitled to a post‑adjudicatory improvement period	Mother: should be granted time to address substance abuse as DHHR recommended	DHHR/Ct: mother failed to demonstrate likelihood of full participation; inconsistent drug screens and missed contacts	Court: denial proper—mother failed to prove by clear and convincing evidence likely to participate
Whether termination of parental and custodial rights was erroneous	Mother: terminating without offering improvement period and despite occasional negative screens was improper	DHHR/Ct: no reasonable likelihood conditions can be corrected given habitual substance abuse and prior terminations	Court: termination affirmed—statutory grounds met; termination necessary for child welfare
Whether evidence supported finding of "no reasonable likelihood" of correction	Mother: argued for more time and treatment opportunity	DHHR/Ct: multiple prior proceedings, repeated positive tests, failure to implement parenting skills, noncompliance with services	Court: findings not clearly erroneous; record supports termination

In re Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (standard of review for circuit court findings)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (standard of review cited)
In re M.M., 236 W.Va. 108, 778 S.E.2d 338 (court discretion to grant/deny improvement period)
In re Katie S., 198 W.Va. 79, 479 S.E.2d 589 (discretion to grant improvement period)
In re Charity H., 215 W.Va. 208, 599 S.E.2d 631 (burden to show likelihood to participate in improvement period)
W.Va. Dep’t of Human Servs. v. Peggy F., 184 W. Va. 60, 399 S.E.2d 460 (parent may comply with parts of plan yet fail to improve overall parenting)
In re R.J.M., 164 W.Va. 496, 266 S.E.2d 114 (termination may be employed when no reasonable likelihood conditions can be corrected)
In re Kristin Y., 227 W.Va. 558, 712 S.E.2d 55 (termination principles reiterated)