In Re: J.M. III, M.C., and S.R., 16-1231

DHHR filed abuse-and-neglect petitions (Mar 2016) alleging mother D.H. used illegal drugs (methamphetamine, marijuana), refused prescribed mental-health meds, left unsecured firearms accessible to children, and allowed excessive school absences.
Petitioner admitted marijuana use for "medical" purposes and refusal to take depression medication; she denied abusing or neglecting the children and refused to send them to school claiming the school taught meth production.
CPS testified petitioner tested positive for methamphetamine and marijuana, experienced hallucinations, left guns accessible, missed drug screens, altered a drug screen (by drinking vinegar/detox products), and refused a psychological evaluation.
Circuit court adjudicated D.H. as an abusing parent; at disposition it found no reasonable likelihood conditions could be corrected and terminated parental rights to all three children (Oct. 20, 2016).
Mother appealed, arguing the court erred by denying a post-adjudicatory improvement period and by terminating parental rights without using less-restrictive alternatives; DHHR and guardian supported the termination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court erred in denying a post-adjudicatory improvement period	D.H.: showed likelihood to comply via drug screens and parenting classes	DHHR: D.H. denied the underlying abuse/neglect, altered drug screens, missed evaluations, so an improvement period would be futile	Denial affirmed — court properly found D.H. failed to acknowledge problems, making improvement period futile
Whether termination was improper without first using less-restrictive alternatives	D.H.: court should use less-restrictive dispositional alternatives before termination	DHHR: no reasonable likelihood conditions could be corrected; D.H. failed to follow case plan and rehabilitative efforts	Termination affirmed — court found no reasonable likelihood of substantial correction and termination served children’s welfare

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (W. Va. 1996) (standard of review for circuit-court findings in abuse-and-neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W. Va. 2011) (same)
In re Timber M., 231 W.Va. 44, 743 S.E.2d 352 (W. Va. 2013) (parental acknowledgement of problems required for improvement period)
In re: Charity H., 215 W.Va. 208, 599 S.E.2d 631 (W. Va. 2004) (failure to acknowledge abuse/neglect makes improvement period futile)
In re Lacey P., 189 W.Va. 580, 433 S.E.2d 518 (W. Va. 1993) (discretion to grant improvement periods)
In re R.J.M., 164 W.Va. 496, 266 S.E.2d 114 (W. Va. 1980) (least-restrictive alternative and when termination may be used)
In re Dejah P., 216 W.Va. 514, 607 S.E.2d 843 (W. Va. 2004) (termination permissible when no reasonable likelihood conditions can be corrected)