In Re: L.B., 16-0471

In 2008 the DHHR filed an abuse and neglect petition after the child tested positive for cocaine at birth; mother completed inpatient treatment and the case was dismissed in 2009.
In July 2015 DHHR filed a second petition after reports that mother overdosed on heroin in a motel room while the seven-year-old child found her unconscious; mother checked out of the hospital against medical advice and later could not be located for about a week.
The child was removed and placed in foster care; mother was incarcerated for a probation violation and pleaded adjudicated abuse in October 2015, admitting long-term illegal drug use that affected her parenting.
At disposition the DHHR recommended termination based on extensive drug history, repeated rehab attempts, ongoing incarceration, and the child having spent four of the last seven years in foster care because of mother’s incarceration and rehab.
The circuit court found no reasonable likelihood that mother could substantially correct the conditions of abuse and neglect and that termination was in the child’s best interests; it terminated parental rights by order dated May 4, 2016.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether termination was based solely on incarceration	S.S.: termination rested only on her incarceration	DHHR/Ct.: termination was based on overdose, neglect, long-term drug use, failed rehab, and prior foster placements	Court: Not solely incarceration — multiple grounds supported termination
Whether there was a reasonable likelihood conditions could be corrected	S.S.: she would be eligible for accelerated parole and could be released in July 2016, implying potential correction	DHHR: repeated relapses, two prior rehab programs, admission she may need lifelong treatment, child’s prolonged foster care	Court: No reasonable likelihood of correction; statutory grounds for termination satisfied
Whether termination was in the child’s best interests	S.S.: argued against termination implicitly by challenging grounds	DHHR/Guardian: continued exposure to drug use, neglect, and instability required termination for child welfare	Court: Termination was necessary for the child’s welfare and therefore appropriate

In re 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) (reaffirming standard of review and appellate deference to circuit court factfinding)
In re Katie S., 198 W.Va. 79, 479 S.E.2d 589 (1996) (termination permitted when no reasonable likelihood conditions can be substantially corrected)