In Re: J.O.-1 and L.O., 16-0894

DHHR filed an abuse and neglect petition in Jan 2016 after mother and newborn tested positive for controlled substances and referrals alleging parents used and exposed children to drugs; home reportedly filthy.
CPS testified petitioner (father) tested positive for Suboxone and barbiturates during proceedings and had been receiving Suboxone treatment for over nine months.
In Feb 2016 the circuit court adjudicated the children abused/neglected and held petitioner's request for an improvement period in abeyance pending enrollment in long-term inpatient drug treatment.
Over the next five months petitioner did not enter inpatient treatment; at the Aug 2016 dispositional hearing counsel proffered petitioner had been accepted into a program that had a bed available for 24 hours.
The circuit court found petitioner had not followed through with rehabilitative efforts and terminated his parental rights on Aug 24, 2016; petitioner appealed arguing the acceptance into treatment at the hearing should preclude termination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether termination was proper despite petitioner’s reported acceptance into inpatient treatment at dispositional hearing	Acceptance into inpatient program at hearing showed compliance and should prevent termination	Petitioner failed to follow through with treatment over five months and only showed acceptance the day of the hearing; thus no reasonable likelihood of correction	Affirmed: termination proper because petitioner did not respond to or follow through with rehabilitation and conditions were unlikely to be corrected in near future

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/neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W. Va. 2011) (standard of review reaffirmed)
In re K.H., 235 W.Va. 254, 773 S.E.2d 20 (W. Va. 2015) (use of initials to protect identities in sensitive cases)