In Re: M.G. and E.G., 16-1211

DHHR filed abuse and neglect petition (Sept 2015) alleging homes were unsanitary and contained active meth labs; law enforcement described original home as filled with trash and feces.
Parents stipulated to the petition in Oct 2015 and received post-adjudicatory improvement periods; petitioner later received an improvement period at disposition (May 2016).
During improvement periods the parents moved through three residences; two were found uninhabitable and the second became infested with cockroaches and bedbugs.
Service providers testified petitioner failed to implement parenting and home-maintenance skills, regressed in parenting ability, and minimized responsibility for infestations.
Petitioner sought an extension of his improvement period; the circuit court denied the motion, found no reasonable likelihood conditions could be corrected, and terminated parental rights.
The West Virginia Supreme Court affirmed, finding the circuit court’s factual findings not clearly erroneous and termination appropriate under statutory standards.

Issue	Plaintiff's Argument (D.G.)	Defendant's Argument (DHHR / Circuit Court)	Held
Whether the circuit court erred by denying an extension of the improvement period	D.G. asserted he substantially complied with terms and had secured a new, suitable residence, warranting an extension	Petitioner failed to substantially comply: infestations persisted after moves, he did not follow precautions, and he failed to implement provider directions	Denial affirmed: record shows petitioner did not substantially comply and conditions persisted
Whether the court erred by terminating parental rights without considering less-restrictive alternatives	D.G. argued he corrected home conditions so termination was unnecessary	Court found no reasonable likelihood conditions could be corrected due to failure to follow case plan, continuing insubstantial diminution of harmful conditions, and inability to implement services	Termination affirmed: statutory grounds for termination satisfied; less-restrictive alternatives not required

In re Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (W. Va. 1996) (standard for appellate review of circuit court factual findings in abuse and neglect cases)
In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (W. Va. 2011) (articulates standard of review applied to circuit court findings)
In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (W. Va. 1980) (termination may be ordered without intermediate less-restrictive alternatives when no reasonable likelihood of correction exists)
In re Kristin Y., 227 W. Va. 558, 712 S.E.2d 55 (W. Va. 2011) (addresses statutory framework and standards for termination of parental rights)