In re S.C., 21-0684

DHHR filed a neglect petition after mother (C.C.) admitted heroin use throughout pregnancy; newborn showed withdrawal symptoms.
Mother stipulated to abuse at adjudication (Dec. 2019) and received a post-adjudicatory improvement period with a stated "zero tolerance" due to prior noncompliance.
Mother initially refused an offered detox bed, later entered detox in mid-2020, was discharged from a first inpatient program for behavioral issues, and enrolled in a second long-term program; treatment providers testified she later progressed well.
Mother had limited contact with her CPS worker, never visited the child during proceedings, and missed required psychological exam appointments.
Circuit court found mother failed to comply with improvement-period terms, no parental bond existed, and termination was necessary for the child’s welfare; parental rights were terminated (July 27, 2021).
Mother appealed, arguing DHHR failed to assist, pandemic-related delays and lack of MDT/hearings denied due process, and recent treatment progress made termination improper; the Supreme Court affirmed. A dissent would have allowed oral argument to examine COVID delays and DHHR involvement.

Issue	Petitioner (C.C.) Argument	DHHR/Court Argument	Held
Whether mother violated improvement-period terms	DHHR failed to assist; pandemic delays prevented completion	Mother bore responsibility to initiate/complete terms and was noncompliant pre-pandemic	Court: Mother violated terms; assignment of error waived for lack of authority in brief and unsupported by record
Whether COVID-related delays and lack of MDT/hearings violated due process	Pandemic and DHHR inaction prevented meaningful progress and participation	Delays do not excuse pre-pandemic noncompliance and mother still failed to maintain contact; child needs permanency	Court: No reversible due-process error; pandemic did not excuse mother’s earlier failures
Whether termination was appropriate despite mother's treatment progress	Recent testimony showed substantial improvement and likelihood of program completion soon	Proceedings had lasted >17 months, no parent-child bond, and program completion was months away	Court: No reasonable likelihood conditions could be corrected in near future; termination was necessary for child’s welfare
Whether mother should have been granted more time/post-dispositional improvement period	More time warranted given progress and limited DHHR help	Additional time would prolong instability; statutory standard permits termination without less restrictive alternatives when correction unlikely	Court: Denial of more time not an abuse of discretion; termination affirmed

In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (W. Va. 1996) (standard of review: factual findings in bench trials not set aside unless clearly erroneous)
In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (W. Va. 2011) (reiterating standard of review for abuse and neglect findings)
In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (W. Va. 1980) (termination may be used without intervening less restrictive alternatives when no reasonable likelihood of correction)
In re Kristin Y., 227 W. Va. 558, 712 S.E.2d 55 (W. Va. 2011) (disposition standard affirming termination when parent demonstrates inadequate capacity to remedy abuse/neglect)