In Re: M.B., 16-0512

DHHR filed abuse and neglect petition (Aug 2015) alleging petitioner (mother) failed to provide food, clothing, diapers, and a safe/stable home and had ongoing substance abuse.
Incidents alleged: physical attack on maternal grandmother; child found in soiled clothes and urine-soaked car seat; child wandered into a pond and nearly drowned; child observed with loaded handgun in his mouth; petitioner reportedly shook and spanked the child.
Petitioner initially accepted services but had irregular attendance, failed random drug screens, tested positive for drugs at a hearing, stopped attending supervised visits, and ceased participating in parenting classes.
Circuit court adjudicated petitioner abused the child (Mar 2016) on the record; petitioner often failed to appear in person at hearings.
At disposition (May 2016) court found petitioner abandoned the child and proceedings, that conditions could not be substantially corrected, and terminated parental rights. Petitioner appealed; Supreme Court affirmed.

Issue	Petitioner's Argument	DHHR/Circuit Court Argument	Held
Whether termination was an abuse of discretion given alleged primary cause was drug addiction	Termination was overly harsh; petitioner had participated in services and was a "good candidate" for improvement	Petitioner continuously used drugs, failed drug screens, abandoned visits and services, and posed ongoing risk	Affirmed termination: no reasonable likelihood conditions could be corrected; termination in child’s best interest
Whether petitioner was entitled to an improvement period	Petitioner argued she should receive an improvement period to remedy conditions	Court and DHHR: petitioner did not file written motion and failed to show likelihood of full participation; poor compliance with prior services	Denied: court acted within discretion; petitioner failed to meet clear-and-convincing burden for an improvement period
Sufficiency of evidence for abuse/adjudication	Implicitly argues evidence insufficient or that issues were limited to substance abuse	DHHR presented multiple incidents and ongoing neglect demonstrating risk to child	Adjudication upheld: circuit court’s factual findings not clearly erroneous
Whether abandonment of child/proceedings was shown	Petitioner disputed characterization as abandonment	Record showed lack of visits since ~Thanksgiving 2015 and nonparticipation in proceedings	Court found abandonment; supports termination

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (W. Va. 1996) (standard of review for bench-tried abuse and neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W. Va. 2011) (restating standard of review)
In re M.M., 236 W.Va. 108, 778 S.E.2d 338 (W. Va. 2015) (circuit court discretion to grant or deny improvement periods)
In re Katie S., 198 W.Va. 79, 479 S.E.2d 589 (W. Va. 1996) (discretionary nature of improvement periods)
In re Charity H., 215 W.Va. 208, 599 S.E.2d 631 (W. Va. 2004) (parent’s burden to demonstrate likelihood of full participation in improvement period)