In Re: T.W., Z.L.-1, and Z.L.-2, 16-0944

In Feb 2015 DHHR filed an abuse-and-neglect petition alleging truancy; amended in June 2015 to allege domestic violence in children’s presence, substance abuse, and physical abuse by mother (E.W.).
Children were removed in July 2015 after an incident in which mother emotionally abused the oldest child (T.W.) and said she hoped the children would be mistreated in foster care.
In Oct 2015 the circuit court adjudicated mother as an abusing parent based on excessive truancy, exposure to domestic violence and substance abuse; T.W. testified she witnessed those conditions but opposed termination of mother’s rights.
Mother was granted a post‑adjudicatory improvement period with requirements: individual/family therapy, intensive outpatient substance‑abuse treatment, random drug screens, parenting classes, and a parental fitness evaluation.
During 2016 mother missed multiple therapy sessions and drug‑treatment sessions, repeatedly failed/ missed random drug screens and tested positive for controlled substances, denied ongoing substance abuse, and made threatening statements she later called a joke.
The circuit court found mother failed to substantially comply with the improvement period and that there was no reasonable likelihood she could correct the conditions; it denied extension of the improvement period and terminated her parental/custodial rights (Sept. 12, 2016). The Supreme Court of Appeals affirmed.

Issue	Mother’s Argument	DHHR/Guardian’s Argument	Held
Whether the circuit court erred in denying mother’s motion to extend her post‑adjudicatory improvement period	Mother argued she substantially complied with the improvement‑period terms and therefore was entitled to an extension under WV Code	DHHR/guardian argued mother failed to substantially comply: missed drug/therapy sessions, tested positive, denied substance problem, making continuation futile	Court held denial was proper: mother did not substantially comply, denied/failed treatment, and extension discretionary and appropriately refused

In Interest of Tiffany Marie S., 196 W.Va. 223, 470 S.E.2d 177 (W.Va. 1996) (standard of review for circuit‑court factual findings in abuse/neglect proceedings)
In re Cecil T., 228 W.Va. 89, 717 S.E.2d 873 (W.Va. 2011) (restating Tiffany Marie standard)
In re Lacy P., 189 W.Va. 580, 433 S.E.2d 518 (W.Va. 1993) (court has discretion to grant or terminate improvement periods and may end them before twelve months if progress is insufficient)
In re Timber M., 231 W.Va. 44, 743 S.E.2d 352 (W.Va. 2013) (failure to acknowledge the problem can make treatment futile and justify denial of improvement relief)