In re W.B., B.B., and M.B., 21-0998

Mother (T.B.) has longstanding CPS history including a 2009 infant death and a 2016 guardianship for the children due to her substance abuse and instability.
In 2019–2021 proceedings the DHHR amended the petition in Feb 2021 to include allegations against mother based on ongoing substance abuse, housing concerns, lies to DHHR, and the children being in an inappropriate camper.
Mother stipulated to the amended petition and was adjudicated abusing/neglecting parent; court granted a post-adjudicatory improvement period in May 2021 with drug testing, psychological evaluation, treatment, parenting classes, and visitation requirements.
Mother repeatedly tested positive for methamphetamine, amphetamine, and MDMA, missed many drug screens, left in-patient treatment after one day, and otherwise failed to fully participate; DHHR moved to revoke the improvement period and the court granted revocation in Sept 2021.
The guardian reported the children rejected a relationship with mother and wanted adoption; at disposition in Oct 2021 (mother absent) the court found no reasonable likelihood of correction and terminated mother’s parental rights; permanency plan is adoption.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether revocation of mother’s post-adjudicatory improvement period was erroneous	Mother: only ~4 months in period and was receptive to inpatient treatment	DHHR: mother failed to fully participate, had repeated positive drug tests, left treatment after one day	Court: affirmed revocation under WV Code §49-4-610(7); mother did not fully participate
Whether DHHR made reasonable efforts toward reunification	Mother: DHHR did not provide necessary services to allow completion	DHHR: provided evaluation, treatment assistance, parenting classes, screens, and transportation	Court: DHHR provided ample services; mother noncompliant, so efforts were reasonable
Whether there was a reasonable likelihood mother could correct conditions (necessity for termination)	Mother: proceeding time was brief; insufficient chance to improve	DHHR: mother’s chronic substance abuse and noncompliance show failure to follow case plan per §49-4-604(d)	Court: no reasonable likelihood of substantial correction; termination permissible under §49-4-604(d)(3)
Whether children should be returned to a guardianship instead of terminating rights	Mother: prior guardianship suggests re-placing with guardian	DHHR/guardian: prior guardianship was revoked for abuse/neglect; children want adoption and stability	Court: guardianship not viable; best interests weigh toward adoption; termination affirmed

In re Cecil T., 228 W. Va. 89, 717 S.E.2d 873 (W. Va. 2011) (standard of review for circuit-court findings in abuse/neglect cases)
In Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (W. Va. 1996) (clear-error standard described for factual findings)
In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (W. Va. 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 (W. Va. 2011) (termination standards under West Virginia law)
In re S.W., 233 W. Va. 91, 755 S.E.2d 8 (W. Va. 2014) (child welfare and custody guided by child's best interests)
State v. Michael M., 202 W. Va. 350, 504 S.E.2d 177 (W. Va. 1998) (circuit court must give priority to securing a suitable adoptive home)