In Re: E.M., 17-0649

DHHR filed an abuse-and-neglect petition in July 2016 alleging Mother (D.M.) repeatedly abused alcohol and drugs; once she was found unresponsive by the child after ingesting alcohol, amphetamines, and opiates.
At the September 2016 adjudicatory hearing, Mother stipulated to a history of drug/alcohol abuse and that her substance use placed the child in imminent danger; she was adjudicated an abusing parent.
The record showed approximately twenty-seven DHHR referrals concerning Mother/family (1998–2016) involving substance abuse and domestic violence; the child experienced multiple removals and placements.
Mother had previously participated in many services (counseling, inpatient/outpatient treatment, AA, parenting classes, supervised visitation, screenings), and shortly before disposition she entered a long-term treatment program but had not completed it.
The circuit court found Mother unable to maintain long-term sobriety, with recurring relapses and no reasonable likelihood she would substantially correct conditions in the near future; it terminated her parental rights on June 22, 2017.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether termination of Mother’s parental rights was appropriate where she has prior periods of sobriety and recently entered long-term treatment	Mother: has had extensive sobriety periods and is committed to controlling substance abuse	DHHR/Circuit: long history of relapses, failure to complete long-term treatment, repeated referrals, child’s welfare requires permanency	Court affirmed termination: no reasonable likelihood conditions could be substantially corrected in near future; termination necessary for child’s welfare

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for circuit-court findings in bench-tried abuse-and-neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (applying statutory termination standards and affirming termination where parent failed to remedy conditions)