In Re: N.H., 17-0358

DHHR filed an abuse and neglect petition (Jan 2016) alleging domestic violence in the child’s presence, abandonment, failure to provide medical care/supervision, and failure to engage with Birth to Three services.
Child N.H. was born with serious medical/developmental needs (heart murmur, intracranial bleeding, cerebral palsy) requiring daily baclofen and ongoing PT/OT/speech therapy.
Petitioner (mother) admitted to domestic violence in the child’s presence, abandoning the child, and failing to provide appropriate care; she was adjudicated an abusing parent and given an improvement period.
Evidence at disposition showed petitioner missed many therapy/healthcare meetings (attended ~3 of ~26) and at least once failed to timely administer baclofen, increasing choking risk; some witnesses testified she could not competently perform needed care.
Petitioner argued missed services were caused by turnover among Homebase coordinators and highlighted one coordinator’s positive testimony about bonding and in‑visit care; the court weighed credibility and found overall failure to follow the case plan.
The circuit court terminated petitioner’s parental rights (Mar 27, 2017); this appeal affirmed the termination, finding no error in findings that continuation in the home threatened the child and that conditions were unlikely to be corrected.

Issue	Plaintiff's Argument (Mother)	Defendant's Argument (DHHR / Guardian)	Held
Whether termination was supported by the record	Termination unsupported; mother had bond and some positive caregiver behavior	Mother failed to comply with treatment plan, missed therapy/meetings, and showed inability to manage child’s medical regimen	Court affirmed termination: record supports finding no reasonable likelihood of correction and termination necessary for child’s welfare
Whether mother’s noncompliance was excusable (service turnover)	Missed services attributable to six different Homebase workers and service delays	Court granted three‑month extension; no evidence turnover caused missed therapy attendance or missed medication	Court rejected excuse; extension provided and turnover not shown to be causal
Whether court made required findings under WV Code §49‑4‑604(b)(6)	Argues court failed to make statutory findings	DHHR/guardian point to court’s written findings on risk, lack of correction, and efforts to preserve family	Court found statutory factors satisfied and explicitly addressed competing testimony; no error
Whether trial court erred in credibility weighing of favorable witness	Points to one coordinator’s positive testimony as dispositive	Other witnesses provided abundant unfavorable testimony about missed care and risks; credibility is for trier of fact	Court’s credibility determinations entitled to deference; affirmed

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for circuit court fact findings in bench‑tried abuse/neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (restating appellate standard and review deference to circuit court findings)
Michael D.C. v. Wanda L.C., 201 W.Va. 381, 497 S.E.2d 531 (1997) (deference to trier of fact for witness credibility determinations)