In Re: P.C., 17-0647

In Jan 2015 DHHR filed an abuse-and-neglect petition against D.R. based on an unsafe home and multiple domestic-violence incidents witnessed by the children and service providers.
In Apr 2016 D.R. gave birth to P.C.; an amended petition added P.C. alleging D.R. had not remedied prior conditions. D.R. was adjudicated for neglect in Sept 2016 and granted an improvement period.
D.R. participated in services (parenting education, domestic-violence victim program, individual counseling) and obtained employment and housing, but repeatedly associated with men who had histories of domestic violence, substance abuse, and criminality.
D.R. concealed contact with one father, renewed relationships with other inappropriate partners (including becoming engaged to J.A. after an MDT warned it was inappropriate), and had online contacts despite monitoring.
At the June 2017 dispositional hearing the circuit court found D.R. failed to implement skills from services and there was no reasonable likelihood she could substantially correct the conditions in the near future; the court terminated her parental and custodial rights to P.C.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was a reasonable likelihood D.R. could substantially correct conditions of abuse/neglect in the near future	D.R. complied with offered services, obtained employment and stable housing, and had no substance-abuse allegations	Despite service participation, D.R. continued associations with violent/inappropriate individuals, concealed contacts, and failed to implement protective changes	Court affirmed: no reasonable likelihood of substantial correction; termination appropriate
Whether termination was in the child’s best interests (and whether less-restrictive alternatives were required)	D.R. implied stability from employment/housing supported reunification	Court emphasized child’s need for stability and that D.R.’s ongoing behavior threatened child safety; less-restrictive alternatives not required when no reasonable likelihood of correction	Court affirmed termination as serving child’s best interests

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 abuse-and-neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (review standard reiterated)
In re B.H., 233 W.Va. 57, 754 S.E.2d 743 (2014) (compliance with improvement period is only one factor; best interests control disposition)
In re R.J.M., 164 W.Va. 496, 266 S.E.2d 114 (1980) (termination may be used without less-restrictive alternatives when no reasonable likelihood of correction)
In re Kristin Y., 227 W.Va. 558, 712 S.E.2d 55 (2011) (application of statutory standard for termination)