Background
The West Virginia Department of Human Services filed an abuse-and-neglect petition against the parents after alleging educational neglect of W.L. and K.L. and drug abuse following G.L.’s positive cocaine test at birth. Mother A.G. stipulated to educational neglect and caretaker drug use that detrimentally affected the children and her ability to care for them. The circuit court adjudicated the children as neglected and granted her successive improvement periods requiring parenting and life-skills instruction, drug screening, substance-abuse counseling, therapy, and supervised visitation.
Although the mother achieved sobriety, obtained employment and housing, completed nearly all services, and substantially complied with her case plan, she continued living with the father. He participated inconsistently in services, frequently tested positive for alcohol and cocaine, and had not visited the children since October 2024. The circuit court found that the mother’s continued relationship with him prevented her from progressing to unsupervised or overnight visits and showed that she could not provide the children with a drug-free home. It terminated both parents’ rights, with adoption in the children’s current placements as the permanency plan.
The Court’s Holding
The Supreme Court of Appeals affirmed the termination of the mother’s parental rights. It held that substantial compliance with individual case-plan requirements did not establish that she had corrected her overall inability to protect and parent the children. Her decision to add the father to her lease and continue residing with him despite his ongoing drug use, repeated warnings, and more than a year of services supported the finding that there was no reasonable likelihood the conditions of neglect could be substantially corrected in the near future.
The court also upheld the denial of post-termination visitation. Applying Rule 15(b)(2)(A) of the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings, it concluded that the circuit court appropriately considered the children’s wishes, the relevant bonds, and the recommendations of the guardian ad litem, DHS, and CASA, all of whom opposed visitation. The children had told multiple individuals that they did not want continued contact, and the circuit court found visitation would be confusing and detrimental as they moved toward permanency.
Key Takeaways
- Completion of services and substantial case-plan compliance do not preclude termination when a parent fails to correct the underlying protective deficiency.
- A parent’s continued cohabitation with a drug-using partner may support a finding that the parent cannot provide a safe, drug-free environment.
- Post-termination visitation is discretionary and may be granted only when the circuit court finds it serves the child’s best interests.
Why It Matters
The decision emphasizes that West Virginia abuse-and-neglect courts assess meaningful parental improvement, not merely completion of prescribed services. Even substantial progress in sobriety, employment, and housing may be insufficient when a parent’s choices leave the original safety risk unresolved.
It also illustrates the child-centered analysis governing post-termination contact: an existing bond is relevant but not controlling, particularly when the children oppose further contact and the professionals involved conclude that visitation would interfere with permanency.