In Re: J.F., M.C.-2, and N.C., 16-0392

Background

DHHR filed abuse and neglect petitions in March 2014 after petitioner (mother M.C.-1) attempted suicide, wrote “die” in blood in children’s presence, and was alleged to have physically and emotionally abused her children over time.
At adjudication (Sept. 2014) petitioner stipulated to untreated mental-health issues (bipolar/borderline) and that her untreated condition adversely affected parenting; court granted an improvement period and a case plan including psychiatric/parenting treatment.
Petitioner completed services, received extensions, and was returned the children after successful unsupervised visits; children were returned to her care in Dec. 2015.
In Dec. 2015 petitioner and her husband, while intoxicated, engaged in domestic violence in the children’s presence; petitioner threatened suicide with a knife and injured herself; children witnessed and one child cleaned mother’s blood; DHHR removed the children again.
At disposition petitioner denied full responsibility, attributing the incident to an adverse reaction to medication (with alcohol), and her counselor recommended no unsupervised contact; court found petitioner failed to acknowledge ongoing abuse and that conditions were unlikely to be corrected, and terminated parental rights.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether termination was based solely on a single medication-reaction incident	Petitioner: termination rested on one December 2015 incident that was caused by an adverse reaction to medication	DHHR/Court: termination based on entire history of domestic violence, past abuse, treatment noncompliance, and the December incident as culmination	Court: petitioner mischaracterizes record; termination grounded on protracted history plus the final incident; no error
Whether petitioner’s claimed medication reaction negates responsibility	Petitioner: adverse medication reaction (not culpable conduct) caused the events	DHHR/Court: record lacked medical support; petitioner drank alcohol with medication and failed to acknowledge culpability	Court: no evidence of medication reaction; petitioner’s alcohol use contributed and she failed to acknowledge abuse, making treatment futile
Whether a less-restrictive disposition (custody-only termination) was required	Petitioner: court should have imposed a less-restrictive alternative rather than terminate parental rights	DHHR/Court: children’s welfare required termination; counselor said no unsupervised contact; conditions unlikely to be corrected despite services	Court: no abuse of discretion—courts need not pursue speculative parental improvement; termination appropriate under WV Code §49-4-604(b)(6)
Standard of review / sufficiency of findings	Petitioner: alleged legal error in applying standard and weighing evidence	DHHR/Court: circuit court’s factual findings plausible and not clearly erroneous under the deferential standard	Court: applied controlling standard; findings supported by record and affirmed

Key Cases Cited

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for family abuse/neglect fact findings)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (courts need not pursue every speculative parental improvement when child welfare threatened)
In re Timber M., 231 W.Va. 44, 743 S.E.2d 352 (2013) (parental acknowledgment of the problem is prerequisite for effective remediation)
In re: Charity H., 215 W.Va. 208, 599 S.E.2d 631 (2004) (failure to acknowledge abuse makes improvement period futile)
In re R.J.M., 164 W.Va. 496, 266 S.E.2d 114 (1980) (principle that courts are not required to exhaust speculative possibilities of parental improvement)