In Re: C.S.-2, 16-0425

Mother C.V. had previously lost parental rights to older children in a September 2014 involuntary termination based on domestic violence in the children’s presence.
Less than one month after that termination, C.V. gave birth to C.S.-2; DHHR filed an abuse-and-neglect petition alleging aggravated circumstances based on the prior termination.
Initial petition was filed in Jackson County but transferred to Kanawha County where the child was born and the mother lived. The Kanawha circuit court took judicial notice of the prior case file.
Adjudicatory hearings (July–Aug 2015) established the parents had continued their relationship and the mother had not completed recommended services (therapy, domestic-violence program); mother disputed that domestic violence occurred.
Despite aggravated circumstances, the court ordered some services; at disposition (Dec 2015) the court found mother failed to remedy prior conditions, denied a written improvement-period motion (none was filed), and terminated parental rights to C.S.-2.
Mother appealed, arguing the court erred by (1) finding she failed to remedy the conditions that caused the prior termination and (2) denying an improvement period. The West Virginia Supreme Court affirmed.

Issue	Plaintiff's Argument (C.V.)	Defendant's Argument (DHHR / Circuit Court)	Held
Whether denial of an improvement period was erroneous	C.V. contends the court erred in denying an improvement period at disposition	No written motion for an improvement period was filed; aggravated circumstances (prior involuntary termination) relieved DHHR of reasonable-efforts duty	Affirmed — denial not preserved; no written motion; aggravated circumstances justified no improvement period
Whether C.V. remedied conditions that led to prior involuntary termination	C.V. says she separated, obtained housing, and denies domestic violence occurred, so conditions were remedied	Record shows continued relationship with abuser for months after prior termination, mother lived with him during proceedings, failed to complete recommended services, and denied the existence of the problem	Affirmed — clear-and-convincing evidence mother failed to remedy conditions; failure to acknowledge abuse made problems untreatable

In Interest of Tiffany Marie S., 196 W.Va. 223 (W. Va. 1996) (standard of review for bench findings in abuse-and-neglect cases)
In re Cecil T., 228 W.Va. 89 (W. Va. 2011) (standard of review reaffirmed)
In Interest of S.C., 168 W.Va. 366 (W. Va. 1981) (DHHR must prove conditions at filing by clear and convincing evidence)
In re Joseph A., 199 W.Va. 438 (W. Va. 1997) (clarifies proof requirements in abuse-and-neglect proceedings)
In re Kyiah P., 213 W.Va. 424 (W. Va. 2003) (when prior involuntary termination exists, court must review whether parent remedied problems for subsequently born child)
In re Timber M., 231 W.Va. 44 (W. Va. 2012) (parent must acknowledge abuse/neglect problem to remedy it)