In Re: H.C., G.C., and H.S.., 16-0586

DHHR filed abuse-and-neglect petitions after infant H.S. was taken to the ER with a swollen head; doctors diagnosed non-accidental head trauma consistent with shaken baby syndrome.
Petition also alleged petitioner failed to obtain medical care for H.S.’s clubbed feet (resulting in surgery), failed to treat H.C. and G.C.’s scabies, abused illegal drugs, missed drug screens, and left children with inappropriate caregivers.
Preliminary hearing evidence included medical testimony that H.S. had subdural hematomas from non-accidental trauma; court ordered supervised visitation conditioned on drug screens.
Psychological evaluation and testimony indicated petitioner refused to accept responsibility for H.S.’s injuries, blamed others, and missed multiple service appointments; a family member observed potential needle marks.
Circuit Court adjudicated petitioner an abusing parent, denied her motion for an improvement period based on her denial of responsibility, and terminated her parental rights; petitioner appealed only the denial of an improvement period.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court erred in denying an improvement period	Petitioner argued she complied with services, passed drug screens, obtained employment, and secured housing, so she should receive an improvement period	DHHR and guardian argued petitioner failed to acknowledge responsibility for H.S.’s injuries, making services futile	Court affirmed denial: failure to acknowledge abuse made an improvement period futile and could not correct underlying conditions

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for circuit court factual findings in abuse-and-neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (applying the Tiffany Marie S. standard)
In re Timber M., 231 W.Va. 44, 743 S.E.2d 352 (2013) (failure to acknowledge abuse can render improvement period futile)
In re Charity H., 215 W.Va. 208, 599 S.E.2d 631 (2004) (acknowledgment of the problem is prerequisite for effective remediation)