In Re: K.W., K.M., D.M. and S.H., 16-0395

DHHR filed abuse and neglect proceedings after mother F.M. attempted suicide in 2013 while two children were in her custody; she later stipulated to the petition and was adjudicated an abusing parent.
Psychological evaluation (2014) diagnosed a personality disorder, recommended therapy, parenting and domestic-violence programs, and characterized prognosis as "guarded."
Additional children (D.M. in 2014, S.H. in 2015) were added to amended petitions as concerns persisted; mother was granted multiple improvement periods but showed sporadic service attendance and repeated cancellations.
Service providers discharged her for poor attendance; drug screen once positive for phenobarbital; therapist testified more treatment (at least six months) was needed.
Guardianship and DHHR recommended final dispositional hearing due to lack of progress and ongoing risk; biological fathers of two children retained custody; other children placed in foster care or with relatives.
Circuit court found no reasonable likelihood of correction in the near future and terminated mother’s parental rights; Supreme Court of Appeals of West Virginia affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court erred by terminating parental rights without ordering less-restrictive alternatives	F.M.: Court should have considered less-restrictive dispositional alternatives before termination	DHHR/Circuit Court: Termination permitted where no reasonable likelihood of correction and reunification not in children’s best interests	Affirmed: termination proper because mother failed to follow through with services and correction would require substantial additional time

In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W. Va. 2011) (standard of review for abuse and neglect findings)
In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (W. Va. 1996) (appellate standard for factual findings in bench trials)
In re Emily, 208 W.Va. 325, 540 S.E.2d 542 (W. Va. 2000) (trial court’s role in assessing witness credibility in abuse and neglect cases)
Michael D.C. v. Wanda L.C., 201 W.Va. 381, 497 S.E.2d 531 (W. Va. 1997) (appellate courts should not second-guess trial court credibility determinations)
In re Katie S., 198 W.Va. 79, 479 S.E.2d 589 (W. Va. 1996) (termination may be ordered without intermediate less-restrictive alternatives when no reasonable likelihood of correction exists)