Denial Trumps Compliance: West Virginia Reaffirms That Failure to Acknowledge Abuse Overrides Partial Improvement in Parental Termination Proceedings (In re B.B., A.B., and K.B., 2025)

1. Introduction

In In re B.B., A.B., and K.B., the Supreme Court of Appeals of West Virginia was asked to review two circuit-court orders: (i) termination of Petitioner Mother S.D.’s parental rights and (ii) denial of her request for post-termination visitation. The mother argued that she had “substantially completed” the requirements of her improvement period and that her strong bond with the children entitled her to continued visitation.

The Court unanimously affirmed, holding that a parent’s continued denial or minimization of abuse, together with ongoing drug use, eliminates any reasonable likelihood of correction—no matter how many treatment tasks are nominally completed.

2. Summary of the Judgment

Termination Affirmed: The circuit court justifiably found “no reasonable likelihood” that the abuse/neglect conditions could be corrected and that termination was necessary for the children’s welfare (W. Va. Code § 49-4-604(c)(6)).
Visitation Denied: Despite evidence of a close bond, post-termination visitation would be detrimental because the mother still refused to accept responsibility, impeding the children’s need for stability and healing.
Appellate Deference: The Supreme Court reiterated that it will not re-weigh evidence or disturb credibility findings supported by the record (In re D.S., 2025).

3. Analysis

3.1 Precedents Cited

In re Timber M., 231 W. Va. 44 (2013) – A parent must acknowledge abuse before it can be treated; failure renders problems untreatable.
In re Charity H., 215 W. Va. 208 (2004) – Emphasized the same acknowledgment principle adopted in Timber M.
In re F.N., 247 W. Va. 620 (2022) & In re B.H., 233 W. Va. 57 (2014) – Improvement-period compliance is only one factor; the “best interest of the child” remains controlling.
In re Daniel D., 211 W. Va. 79 (2002) & In re Christina L., 194 W. Va. 446 (1995) – Framework for post-termination visitation: emotional bond + absence of detriment.
Statutory/Rules Authority: W. Va. Code § 49-4-604(c)(6); Rule 15(b)(2)(A) of the Rules of Procedure for Child Abuse & Neglect; W. Va. R. App. P. 21.

These authorities provided a roadmap: acknowledgment and child welfare control outcome; appellate review is deferential on facts; visitation requires no detriment to child.

3.2 Legal Reasoning

Acknowledgment as Gatekeeper. The mother’s ongoing denial that the children were ever abused/neglected—despite her earlier adjudicatory admission—was fatal. Citing Timber M., the Court stressed that without genuine recognition of the problem, services cannot succeed because the underlying behaviors remain unaddressed.
Substance Abuse Continues = Non-completion. Repeated positive THC screens demonstrated non-compliance with the sobriety requirement. The Court rejected the mother’s attempt to blame the agency for her relapse.
Best-Interest Supremacy. Even if task list items were ticked off, the dispositive question was whether reunification served the children’s welfare. The record showed that additional time risked further instability, and adoptive placements were available.
Visitation Analysis. The circuit court acknowledged the emotional bond but credited testimony from DHS and the GAL that contact would undermine permanency and expose the children to ongoing emotional conflict. The Supreme Court found no clear error.
Standard of Review. The Court reiterated that factual findings are reviewed for clear error and legal conclusions de novo. Pleas to “re-weigh” evidence are routinely dismissed (In re D.S.).

3.3 Impact on Future Cases

Heightened Emphasis on Genuine Accountability. Parents cannot “check the boxes” of an improvement period while simultaneously denying wrongdoing; acknowledgment is a de facto prerequisite for reunification.
Guidance for Counsel. Attorneys must advise clients that minimizing abuse or shifting blame—even for marijuana use perceived as “minor”—can outweigh all other progress.
Clarification on Marijuana Use. The opinion confirms that ongoing illegal drug use, including THC in West Virginia (absent medical-use compliance), remains a disqualifying factor in abuse/neglect cases.
Post-Termination Visitation Parameters. Courts may deny visitation despite a bond when the parent’s attitude threatens the child’s emotional stability. GAL recommendations carry substantial weight.
Appellate Restraint Re-affirmed. Practitioners should build a thorough record at circuit level; appellate re-litigation of facts will rarely succeed.

4. Complex Concepts Simplified

Adjudication vs. Disposition: Adjudication decides whether abuse/neglect occurred. Disposition decides what happens to the child and the parent’s rights thereafter.
Improvement Period: A court-ordered “probationary” timeframe in which a parent must complete services (drug testing, classes, therapy) to correct conditions of abuse/neglect.
Reasonable Likelihood of Correction: Statutory standard (W. Va. Code § 49-4-604) asking whether the parent can fix the problems in the near future. If not, termination is mandated.
Post-Termination Visitation: Limited, discretionary contact that may be awarded after rights are terminated, only if clearly in the child’s best interest and non-detrimental.
Clear-Error Review: An appellate court overturns a factual finding only if left with a “definite and firm conviction” that a mistake was made.

5. Conclusion

The Supreme Court of Appeals of West Virginia’s decision in In re B.B., A.B., and K.B. underscores a pivotal lesson: parental recognition of abuse is indispensable to reunification. Partial compliance with service plans cannot eclipse continued substance use or denial of wrongdoing. The Court’s tight focus on the children’s best interest, combined with its refusal to second-guess factual assessments, cements a clear directive to lower courts and practitioners alike. Moving forward, this judgment will serve as a persuasive reminder that accountability, not mere activity, is the linchpin of parental rehabilitation in abuse and neglect proceedings.