Background
The West Virginia Department of Human Services filed an abuse-and-neglect petition in June 2024 after R.W. tested positive for THC when L.J. was born and had tested positive for THC and methamphetamine about one month earlier while she was A.W.’s sole custodian. R.W. admitted using methamphetamine two or three times while pregnant. The children were removed after L.J.’s father tested positive for methamphetamine while living with R.W. and the children.
R.W. later stipulated that her methamphetamine and THC use adversely affected the children, and the circuit court adjudicated her as an abusing and neglecting parent. During her improvement period, however, she missed drug screens, submitted diluted samples, and tested positive multiple times for methamphetamine and other substances. At disposition, she denied recent methamphetamine use and did not acknowledge having a substance-abuse problem.
The Court’s Holding
The Supreme Court of Appeals affirmed the Lewis County Circuit Court’s termination of R.W.’s parental rights. It held that termination may be ordered without a less restrictive alternative when there is no reasonable likelihood that the conditions of abuse or neglect can be substantially corrected in the near future.
The record supported that finding, the court concluded. R.W. continued using drugs during the case, failed to comply consistently with screening requirements, and denied her substance abuse despite her adjudicatory stipulation. Because acknowledging the problem is necessary to remedy it, and because the circuit court also found termination necessary for the children’s welfare—a finding R.W. did not challenge—termination was appropriate.
Key Takeaways
- A court may terminate parental rights without first imposing a less restrictive disposition when statutory conditions for termination are met.
- Continued drug use, missed or diluted screens, and failure to engage meaningfully in treatment can support a finding that conditions cannot be corrected soon.
- A parent’s denial of substance abuse may support termination when the denial prevents remediation of the underlying neglect.
Why It Matters
The decision underscores that compliance with some services does not preclude termination when a parent continues the conduct that caused the abuse-and-neglect case. In particular, a parent’s inability or refusal to acknowledge ongoing substance abuse may establish that reunification is not reasonably achievable in the near future.