Background
The West Virginia Department of Human Services filed an abuse-and-neglect petition in March 2025 alleging that J.G. and the children’s mother maintained an unsafe and unsanitary home. The agency alleged the home contained trash and clutter, smelled of cat urine and kerosene, and had loose ammunition and knives within the children’s reach. It also alleged poor hygiene and educational neglect involving R.G., G.G., and B.G., who had numerous school absences; the parents had truancy convictions.
At the preliminary hearing, the circuit court ordered J.G. to participate in parenting and adult-life-skills education, random drug and alcohol screening, and supervised visitation. He did not participate. After adjudicating him in May 2025, the court allowed services to continue for two additional weeks and warned that they would end if the parents did not engage. At disposition, evidence showed J.G. had not participated in any services or responded to repeated outreach. The circuit court terminated his parental rights.
The Court’s Holding
The Supreme Court of Appeals affirmed. J.G. was not entitled to an improvement period because he identified no written motion requesting one, as required by West Virginia law.
The Court also held that the circuit court had ample support to proceed to termination. J.G. had been ordered to begin services at the preliminary hearing, received an additional two-week opportunity after adjudication, and still failed to participate in any service. The circuit court was entitled to reject his explanations about contact information and phone problems and find no reasonable likelihood that he could substantially correct the conditions of abuse and neglect in the near future.
Key Takeaways
- A respondent must file a written motion to obtain an improvement period in a West Virginia abuse-and-neglect case.
- Repeated nonparticipation in offered services can support a finding that the conditions of neglect cannot be substantially corrected in the near future.
- An appellate court will not reweigh the circuit court’s assessment of witness testimony and evidence.
Why It Matters
The decision underscores that a parent seeking more time in an abuse-and-neglect proceeding must both properly request an improvement period and demonstrate actual engagement with court-ordered services. A stated willingness to participate at disposition did not overcome J.G.’s complete lack of participation during the case.