In Re: J.M. Jr., 16-0732

The DHHR filed emergency custody in Dec 2015 alleging mother’s prenatal marijuana use and that father (J.M. Sr.) failed to provide an appropriate home; child placed in DHHR custody.
Circuit court ordered father to abstain from substances, submit to random screens, and conditioned supervised visitation on two consecutive negative drug tests.
Amended petition alleged father abused illegal substances; father tested positive for methamphetamine in Dec 2015 and Jan 2016 and admitted the allegations; he was adjudicated an abusive parent.
Father repeatedly failed drug screens (including 16 failed tests noted later), missed parenting/adult life skills classes, and voluntarily left a long-term treatment program after initially entering it.
Court granted a six-month post-adjudicatory improvement period with requirements including long-term rehabilitation, service participation, stable housing, and sobriety; visitation was suspended.
At disposition the court found no reasonable likelihood father could remedy conditions due to continued substance abuse and nonparticipation in services, terminated his parental rights, and DHHR and guardian ad litem supported the order on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred in terminating the post-adjudicatory improvement period	Father argued the court wrongly suspended visitation and terminated the improvement period; he claimed he should have visitation even while using substances if he behaved appropriately	DHHR/State argued father failed to fully participate in required terms (treatment, classes, screens), justifying termination under WV law	Court: No error; improvement period properly terminated for failure to fully participate and make progress
Whether the court erred in terminating parental rights	Father argued he complied with some terms and that lack of bonding should not justify termination	DHHR/State argued statutory grounds were met: no reasonable likelihood conditions could be corrected due to ongoing substance abuse and failure to participate in services; termination necessary for child's welfare	Court: No error; termination affirmed under WV Code §49-4-604(b)(6) as conditions were unlikely to be corrected and termination served the child's welfare

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review and deference to circuit court factual findings)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (reciting appellate review standard for abuse and neglect cases)
In re Lacey P., 189 W.Va. 580, 433 S.E.2d 518 (1993) (court discretion to grant/terminate improvement periods)