In Re: P.R.
17-0348
| W. Va. | Oct 23, 2017Background
- DHHR filed abuse and neglect petition in Nov. 2016 after petitioner tested positive for Subutex and amphetamines at the child’s birth and the child also tested positive.
- Amended petition alleged petitioner had prior involuntary terminations of parental rights to five older children (2008, 2009, 2014) and voluntary relinquishment of a sixth (2013), all attributable to substance abuse.
- Petitioner was adjudicated an abusing parent at a Dec. 2016 adjudicatory hearing.
- At the Jan. 2017 dispositional hearing petitioner requested an improvement period to enter long‑term inpatient drug treatment; the DHHR and guardian opposed based on recent positive drug tests, lack of service compliance, and no contact with the child.
- Circuit court denied the improvement period, found termination was in the child’s best interest and that there was no reasonable likelihood petitioner could correct conditions of neglect, and terminated petitioner’s parental and custodial rights in March 2017.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by denying an improvement period at disposition | L.R. argued the court should grant an improvement period so she could attend long‑term inpatient rehabilitation and would comply with terms | DHHR/guardian argued petitioner had recent positive drug tests, failed to comply with services, had no contact with the child, and had repeated prior terminations for substance abuse | Denial affirmed: petitioner failed to show by clear and convincing evidence she was likely to fully participate in an improvement period |
| Whether termination of parental rights was proper without intervening less‑restrictive alternatives | L.R. argued opportunity for rehabilitation would avoid termination | DHHR/guardian argued multiple prior terminations and continued substance use show no reasonable likelihood conditions can be corrected | Termination affirmed: record showed no reasonable likelihood conditions of neglect could be substantially corrected; termination in child’s best interest |
Key Cases Cited
- In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (1996) (standard of review for circuit court findings in abuse and neglect proceedings)
- In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (2011) (review standard reiterated)
- In re: M.M., 236 W.Va. 108, 778 S.E.2d 338 (2015) (circuit court discretion to grant or deny improvement period)
- In re Katie S., 198 W.Va. 79, 479 S.E.2d 589 (1996) (discretion to grant improvement period under statutory requirements)
- In re R.J.M., 164 W.Va. 496, 266 S.E.2d 114 (1980) (termination may be employed without intervening less restrictive alternatives when no reasonable likelihood conditions can be corrected)
- In re Kristin Y., 227 W.Va. 558, 712 S.E.2d 55 (2011) (statutory grounds for finding no reasonable likelihood conditions can be substantially corrected)