Background
The West Virginia Department of Human Services filed an abuse-and-neglect petition concerning S.D.-1, T.D., and S.D.-2 in September 2024. At a March 2025 adjudicatory hearing, father A.M. stipulated that he had used excessive corporal punishment and abused substances.
Following a September 2025 dispositional hearing, the Circuit Court of Marion County terminated A.M.’s parental and custodial rights. The court relied in part on his failure to participate in services and continuing substance abuse. A.M. appealed, arguing that the circuit court should have granted him an improvement period before terminating his rights.
The Court’s Holding
The Supreme Court of Appeals affirmed. It held that a circuit court may not grant an improvement period under West Virginia Code § 49-4-610 unless the respondent files a written motion requesting one.
A.M. did not cite any record evidence showing that he had moved for an improvement period. Because no such request was demonstrated, the circuit court was not permitted to grant one, and A.M. was entitled to no relief from the termination order.
Key Takeaways
- A written motion is required before a circuit court may grant an improvement period in an abuse-and-neglect case.
- An appellant must provide specific record citations showing that an issue was presented to the lower court.
- The court affirmed termination where the father did not participate in services and his substance abuse remained unabated.
Why It Matters
The decision underscores that improvement periods are not automatic in West Virginia abuse-and-neglect proceedings. Parents seeking one must formally request it in writing and create a record supporting the request.
For appellate practitioners, the case also highlights the consequence of failing to cite the record showing preservation of the claimed error.