In Re: N.C., 16-0881

DHHR filed an abuse and neglect petition in Jan 2016 alleging mother (S.C.) used and injected illegal drugs in the presence of her 11‑year‑old child, N.C. and exposed the child to inappropriate sexual situations.
Mother waived a preliminary hearing and was offered services: supervised visitation, parenting classes, psychological/fitness/substance evaluations, and adult life skills.
Adjudicatory hearings produced uncontested testimony that the child observed mother snorting and injecting drugs, smoking from a glass pipe, and other drug ingestion; court adjudicated mother an abusing parent on July 5, 2016.
The dispositional record showed mother failed to comply with services and denied drug use despite positive screens: June 28, 2016 (marijuana, opiates, amphetamines, methamphetamine, benzodiazepine) and July 15, 2016 (marijuana, amphetamines, methamphetamine).
Circuit court found no reasonable likelihood conditions could be substantially corrected and terminated parental rights by order entered September 6, 2016; mother appealed arguing the court should have used a less‑restrictive alternative.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court erred by terminating parental rights without imposing a less‑restrictive dispositional alternative	S.C.: court should have used a less‑restrictive alternative instead of termination	DHHR/guardian: mother failed to comply with services, denied drug use, and had multiple positive drug screens showing no reasonable likelihood of correction	Court: Affirmed termination; no reasonable likelihood of substantial correction and less‑restrictive alternatives unnecessary

In re Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for circuit court factual findings in abuse and neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (reciting standard of review and deference to circuit court findings)
In re Emily, 208 W.Va. 325, 540 S.E.2d 542 (2000) (circuit court weighs witness credibility in abuse/neglect proceedings)
In re Travis W., 206 W.Va. 478, 525 S.E.2d 669 (1999) (same—deference to factfinder on credibility)
Michael D.C. v. Wanda L.C., 201 W.Va. 381, 497 S.E.2d 531 (1997) (reviewing court should not second‑guess credibility determinations)
In re Katie S., 198 W.Va. 79, 479 S.E.2d 588 (1996) (termination permissible without intervening less‑restrictive alternatives when no reasonable likelihood of correction)