In Re: S.H.-1, B.H., and S.H.-2, 16-0975

DHHR filed abuse-and-neglect petitions (Mar 2016) alleging mother B.W. failed to protect and was addicted to drugs; mother stipulated to the petition’s conditions.
During the case mother inconsistently participated in services and drug screening; she admitted to "slip ups" and later to use of marijuana, methamphetamine, and tramadol.
The guardian reported suspended supervised visitation and lack of verified counseling attendance.
At the dispositional hearing the circuit court heard testimony of positive drug tests and noncompliance with screenings.
The circuit court terminated mother’s parental rights (Sept 15, 2016); father’s rights were also terminated but he did not appeal. Children placed in kinship foster care with plan for adoption by maternal aunt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mother was entitled to a post-adjudicatory improvement period	Mother argued the court erred in denying an improvement period	DHHR/circuit court argued mother failed to show she was likely to fully participate given drug use and noncompliance	Denial affirmed — mother did not meet the clear-and-convincing burden to show likely full participation
Whether termination of parental rights was proper	Mother argued termination was erroneous	DHHR/guardian argued evidence showed habitual substance abuse, lack of acknowledgment of impact on children, and no reasonable likelihood conditions could be corrected	Termination affirmed — substantial evidence showed addiction impaired parenting and termination was necessary for children’s welfare
Adequacy of appellate brief	Mother failed to cite legal authority supporting her arguments	State/guardian pointed to Rule 10(c)(7) and the Court’s administrative guidance requiring authority and record citations	Court noted mother’s brief was inadequate for lack of authority, but reviewed record and found no reversible error
Standard of review for circuit-court factual findings	(implicit) Mother sought reversal of factual findings	State relied on established deferential standard for bench-found facts	Court applied clearly-erroneous standard and found circuit court’s findings plausible and supported

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (W. Va. 1996) (standard of review for bench findings in abuse-and-neglect cases)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W. Va. 2011) (appellate review framework for circuit-court findings in child welfare matters)