In Re: J.K., K.K., B.H., and K.H., 17-0580

DHHR filed abuse and neglect petition (Apr 2016) alleging corporal punishment, emotional/verbal abuse, failure to provide necessities, untreated mental health disorders, and infant J.K.’s positive THC test.
Mother was adjudicated in May 2016 and granted an improvement period; compliance was sporadic; family case plan approved.
Visits were terminated between parents and child B.H. due to B.H.’s PTSD, severe behavioral outbursts, and self-harm; K.H. was added to the proceedings after birth in Oct 2016.
Mother regained custody of K.H. briefly in Feb 2017 but DHHR later removed K.H. (Apr 2017) after mother travelled out-of-state, left the child with an inappropriate caregiver, refused cooperation, and was involved in domestic violence.
Circuit court revoked mother’s improvement period, found she failed to remedy conditions (refused psychotropic meds, missed parenting classes, unsafe caregiver choices, domestic violence), and terminated her parental rights as necessary for the children’s welfare.
Mother appealed, arguing the court should have used a less-restrictive alternative and should have allowed post-termination visitation; the Supreme Court of Appeals affirmed.

Issue	Petitioner (Mother) Argument	DHHR/Circuit Court Argument	Held
Whether termination was ordered without first imposing a less-restrictive alternative	Mother argued she completed improvement-period terms and therefore conditions were corrected; termination was premature	DHHR/court pointed to ongoing noncompliance, emergency removal of K.H., untreated mental health issues, inappropriate babysitting, and domestic violence showing conditions persisted	Court held termination was appropriate because there was no reasonable likelihood conditions could be substantially corrected and less-restrictive alternatives were not required
Whether post-termination visitation should have been allowed	Mother argued visits were not problematic (acknowledged some troubling behaviors)	DHHR/court showed children exhibited severe psychological distress after visits (stuttering, hair pulling, biting, tantrums); B.H. diagnosed with PTSD; continued contact would be detrimental	Court held denial of post-termination visitation was proper because continued contact would harm the children

In Interest of Tiffany Marie S., 196 W.Va. 223 (1996) (standard of review for circuit court findings in abuse/neglect trials)
In re Cecil T., 228 W.Va. 89 (2011) (application of appellate review standard to abuse/neglect findings)
In re R.J.M., 164 W.Va. 496 (1980) (termination may be ordered without intervening less-restrictive alternatives when conditions cannot be corrected)
In re Kristin Y., 227 W.Va. 558 (2011) (termination standards under West Virginia Code § 49-4-604)
In re Christina L., 194 W.Va. 446 (1995) (factors for considering post-termination visitation)
In re Daniel D., 211 W.Va. 79 (2002) (guidance on post-termination visitation considerations)