Background
The West Virginia Department of Human Services filed an abuse and neglect petition against Petitioner Mother T.H. in April 2024 regarding her child A.L. At an adjudicatory hearing in July 2024, the circuit court adjudicated T.H. of neglecting the child after she stipulated to the allegations. The case proceeded to a dispositional hearing in April 2025.
Throughout the proceedings, T.H. was largely non-participatory. She failed to request visits or phone calls with A.L., declined to work with DHS to develop a case plan, did not attend multidisciplinary team meetings, completed no parenting instruction, refused drug screens, and provided no support to the child. Following the dispositional hearing, the Circuit Court of Wayne County terminated T.H.’s parental rights by order dated June 3, 2025. Both parents’ parental rights were terminated, and the permanency plan for the child is adoption in the current placement.
T.H. appealed, arguing solely that the circuit court erred by terminating her parental rights without first affording her an improvement period under W. Va. Code § 49-4-610.
The Court’s Holding
The Supreme Court of Appeals affirmed the termination order in a unanimous memorandum decision, finding no error in the circuit court’s disposition. The court applied the rule established in State ex rel. P.G.-1 v. Wilson, 247 W. Va. 235, 878 S.E.2d 730 (2021), which holds that a circuit court may not grant an improvement period under W. Va. Code § 49-4-610 unless the respondent has filed a written motion requesting one.
T.H. failed to include any citation to the record demonstrating that she had ever moved for an improvement period. Because no such written motion was filed, the circuit court was legally precluded from granting one — and T.H.’s argument that she was entitled to an improvement period therefore failed on its face. The court also noted that T.H.’s broader challenge to termination was undeveloped beyond a conclusory statement and was not independently addressed.
Key Takeaways
- Under West Virginia law, a circuit court cannot grant an improvement period in an abuse and neglect case unless the respondent files a written motion requesting it — the court has no authority to grant one sua sponte.
- A parent who fails to move for an improvement period during proceedings cannot successfully argue on appeal that termination was improper for lack of one.
- Appellate counsel must provide specific record citations pinpointing when and how issues were raised below; failure to do so is fatal to the assignment of error under W. Va. R. App. P. 10(c)(7).
- Pervasive non-participation in services — including no contact with the child, no case plan cooperation, and no drug screens — supported termination at disposition.
Why It Matters
This decision reinforces a strict procedural requirement in West Virginia abuse and neglect cases: improvement periods are not automatic and will not be considered unless formally requested in writing by the respondent. Attorneys representing parents in these proceedings must affirmatively move for an improvement period at the circuit court level or risk forfeiting the argument entirely on appeal.
The case also illustrates the appellate consequence of record-citation failures. Even where a substantive argument might otherwise exist, an appellate brief that cannot point to where the issue was preserved below will not obtain relief — a reminder of the importance of thorough record development and briefing in parental rights cases.