Background
The West Virginia Department of Human Services filed an abuse-and-neglect petition against S.F., the mother of J.C., in December 2024. Although J.C. was under a legal guardianship with his maternal grandmother, he primarily lived with S.F. A safety-plan inspection of S.F.’s home found suspected methamphetamine residue, drug paraphernalia including a scale, and a large knife on the child’s bed.
S.F. tested positive for methamphetamine and other substances several times, initially denied drug use, and later admitted methamphetamine abuse. The circuit court adjudicated her as an abusive and neglectful parent. At disposition, S.F. sought a post-adjudicatory improvement period, but evidence showed that she had left inpatient treatment without completing it, had not resumed treatment, lacked stable housing and employment, and did not consistently acknowledge the conduct that led to the case.
The Court’s Holding
The Supreme Court of Appeals affirmed the Circuit Court of Boone County’s denial of an improvement period and termination of S.F.’s parental rights. The circuit court did not abuse its discretion in finding that S.F. had not shown by clear and convincing evidence that she was likely to fully participate in an improvement period. Her failure to acknowledge the abuse and neglect, her incomplete treatment, and her relapse after receiving extensive services in an earlier proceeding supported that conclusion.
The Court also rejected S.F.’s argument that DHS failed to make reasonable reunification efforts because it did not provide parenting classes or promptly arrange phone visitation. DHS provided or attempted to provide drug screening and help obtaining inpatient substance-abuse treatment, which were reasonable services under the circumstances. The termination rested on S.F.’s inability or unwillingness to correct the conditions of abuse and neglect, not on her lack of visitation.
Key Takeaways
- A parent seeking a post-adjudicatory improvement period must prove a likelihood of full participation by clear and convincing evidence.
- A circuit court may deny an improvement period when the parent does not acknowledge the underlying abuse or neglect and has not addressed the relevant substance-use disorder.
- Reunification efforts may be reasonable even if some services are not provided, particularly where the parent previously received extensive services without lasting improvement.
Why It Matters
The decision underscores that West Virginia courts may terminate parental rights without an intervening improvement period when the parent lacks the capacity or willingness to correct the conditions of neglect. Prior services and a subsequent relapse may weigh heavily in that assessment.
It also confirms that reasonable-efforts review is contextual: omissions in particular services do not require reversal where DHS provided meaningful services directed to the central safety issue and the termination finding rests on independently supported grounds.