In re K.L. and D.L., Jr., 20-1034

DHHR filed abuse and neglect petition (Sept 2019) alleging father left children in maternal grandmother’s care despite her physical abuse; father had substance-abuse issues and pending criminal charges.
At adjudication (Jan 2020) father stipulated to having a substance problem and to leaving children in an unsuitable home; he moved for a post-adjudicatory improvement period.
Court ordered participation in a "Call‑To‑Test" drug program; father’s screening was sporadic after March 2020, with multiple positive tests for alcohol, marijuana, and (per blood test) methamphetamine/amphetamine.
DHHR referred Home Base (behavioral) services but father did not follow up; contact with DHHR was sporadic and father missed hearings.
The circuit court held the improvement‑period motion in abeyance pending criminal evaluation/trial, denied an improvement period in Oct 2020, and terminated father’s parental rights in a Nov 20, 2020 dispositional order. Father appealed only the denial/delay of the improvement period.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Denial of improvement period	Father: was employed, had housing, mostly complied earlier with drug screens and visits, would comply with improvement period.	DHHR/Court: father failed to show likelihood of full participation—continued positive tests, missed screens, diluted samples, failed Home Base participation.	Affirmed: court did not err; father failed to prove by clear and convincing evidence he was likely to fully participate.
Delay in ruling on improvement period (Rule 5)	Father: nearly 10–11 month delay prejudiced him, "disheartened" and discouraged participation.	DHHR/Court: delay allowed more time to comply; father suffered no prejudice because he still did not engage in services.	Affirmed: no reversible procedural error; delay did not substantially disregard the rules or prejudice father, though courts are cautioned against delays.

In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (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 (2011) (discussion of appellate review standards)
In re Charity H., 215 W. Va. 208, 599 S.E.2d 631 (2004) (burden to show likelihood of full participation in improvement period)
In re Tonjia M., 212 W. Va. 443, 573 S.E.2d 354 (2002) (court may deny improvement period when no improvement likely)
In re Emily G., 224 W. Va. 390, 686 S.E.2d 41 (2009) (vacatur/remand when procedural rules are substantially disregarded)
State ex rel. S.W. v. Wilson, 243 W. Va. 515, 845 S.E.2d 290 (2020) (statutory and procedural requirements in abuse and neglect cases are mandatory)
In re J.G., 240 W. Va. 194, 809 S.E.2d 453 (2018) (importance of avoiding unjustified procedural delays in child cases)