In Re: C.W., R.W., N.W., and F.B.
17-0718
| W. Va. | Dec 1, 2017Background
- DHHR filed abuse and neglect petitions (Aug 2016) alleging homelessness, leaving children with unsafe people, and parental drug use impairing care. One child later reported witnessing drug use and parents evading court-ordered drug screens; petition amended (Feb 2017).
- November 2016 adjudicatory hearing found insufficient proof of substance-abuse-based abuse but did find failure to provide adequate shelter, food, and clothing.
- April 2017 adjudication on the amended petition found petitioner’s substance abuse impaired parenting; petitioner had multiple positive drug screens (methamphetamine or marijuana) and numerous missed screens.
- Parents moved for post-adjudicatory improvement periods; at disposition providers testified parents denied substance abuse or parenting deficits and minimized allegations.
- Circuit court denied petitioner’s motion for a post-adjudicatory improvement period, found petitioner failed to acknowledge abuse/neglect or seek treatment, found no reasonable likelihood of correction, and terminated parental rights (July 18, 2017).
Issues
| Issue | Plaintiff's Argument (T.W.) | Defendant's Argument (Circuit Court / DHHR) | Held |
|---|---|---|---|
| Whether denial of a post-adjudicatory improvement period was error | T.W. argued problems were correctable, she was willing to participate, and had completed a prior improvement period in 2009 | Court/DHHR argued T.W. failed to acknowledge abuse/neglect or substance abuse, repeatedly tested positive, missed screens, and made no efforts to seek treatment | Denial affirmed: court did not abuse discretion; petitioner failed to meet clear-and-convincing burden to show likelihood of full participation |
Key Cases Cited
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W. Va. 2011) (standard of review for abuse/neglect bench findings)
- In re Timber M., 231 W.Va. 44, 743 S.E.2d 352 (W. Va. 2013) (parent must acknowledge problem before improvement period can be effective)
- In re: Charity H., 215 W.Va. 208, 599 S.E.2d 631 (W. Va. 2004) (parent must show by clear and convincing evidence likelihood of full participation in improvement period)
- In re: M.M., 236 W.Va. 108, 778 S.E.2d 338 (W. Va. 2015) (circuit court has discretion to grant or deny improvement periods)
- In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (W. Va. 1996) (appellate standard for reviewing factual findings in non-jury abuse/neglect trials)