Cheryl M. appeals from the final order of the Circuit Court of Hardy County which terminated her parental rights to her infant child, Amanda.1 She assigns as error the trial court’s retention of temporary custody of Amanda beyond statutory limits, the trial court’s failure to allow a statutory improvement period, and the trial court’s failure to adopt the least restrictive alternative that is appropriate to the circumstances.
Cheryl M. and Mark J. are the natural parents of Amanda, born July 19, 1983, in the State of Maine where her parents were residents.2 In April, 1984, Cheryl and Amanda came to Wardensville, West Virginia, to see Mark, who was traveling with a carnival which was giving a performance in that area. The child abuse. incident occurred during Cheryl’s argument with Mark over his lack of monetary support.
The argument began at the motel where he was staying with his cousin and her husband who also worked for the carnival. They claimed that Cheryl dropped the baby while arguing with Mark. Cheryl claimed she placed Amanda on Mark’s bed. The argument continued outside where Mark’s relatives claimed Cheryl dropped Amanda. Cheryl stated she slipped on wet grass, fell, and the baby landed on top of her. The final incident occurred when she placed the baby on an open porch while still arguing with Mark and the baby rolled to the edge, but was caught by Mark.
Dr. Thomas Peck, examining Amanda at the DHS’s request on the day of the incident, found a “well child physically” of average height and weight. He concluded, “I see no evidence on my exam to support that there has been significant injury from this abuse event.” X-rays revealed no evidence of any acute or chronic trauma. A medical report submitted by Dr. E.R. Caldwell, III, of a May 21, 1984 examination stated that Amanda’s growth and development were normal and her EEG was also found to be completely normal. The doctor concluded she appeared healthy and was social and smiling.
On April 28, 1984, after this incident, the West Virginia Department of Human Services (DHS), was called and took physical custody of Amanda. A petition requesting temporary custody filed later that day was granted by the Circuit Court of Hardy County.3 The DHS in its petition did not *690address the availability of alternatives other than the impossibility of transferring physical custody to the father who worked for a carnival. The circuit court made no finding about alternatives less restrictive than the removal of the child and placed physical custody with the DHS which, in turn, placed Amanda in a foster home.
On May 10, 1984, at the preliminary hearing, the DHS recommended that Amanda be returned, through the . Interstate Compact on the Placement of Children,4 to the State of Maine. This would permit the Maine Department of Human Services to supervise her reunification with her mother who had family living in Maine. Cheryl and court-appointed counsel for Amanda concurred with this recommendation. The circuit court deferred acting on this motion and requested that the DHS obtain a placement plan from the Maine Department of Human Services.5 The circuit court continued temporary custody of Amanda with the DHS pending receipt of a plan for services from the State of Maine. Cheryl returned to Maine in anticipation of her child following.
Maine submitted a plan dated July 16, 1984, to the DHS, which was received on July 28, 1984. The DHS sent the plan to the circuit court on September 12, 1984, including it as an attachment in a request for termination of all parental rights. At an October 16, 1984 hearing, the DHS obtained permission to amend its petition to terminate Cheryl’s parental rights. Cheryl, who had recently returned from Maine,6 appeared at this hearing.
On November 7, 1984, the DHS filed its amended petition requesting the termination of Cheryl’s parental rights. On November 15, 1984, Cheryl through her attorney filed a response to the amended petition in which she sought an improvement period. The court held a hearing on December 13, 1984, in which the facts surrounding the original abuse were developed and a finding of abuse and neglect was made, but no action was taken to terminate Cheryl’s parental rights or on her request for an improvement period. Further hearings were held on April 15 and 18 and July 8, 1985, and at the July hearing, the parental rights were terminated.
This Court has long recognized the constitutional protections surrounding the right of a natural parent to the custody of his or her infant children, stating in Syllabus Point 1 of In re Willis, 157 W.Va. 225, 207 S.E.2d 129 (1973):
“In the law concerning custody of minor children, no rule is more firmly established than that the right of a natural parent to the custody of his or her infant child is paramount to that of any other person; it is a fundamental personal liberty protected and guaranteed by the Due Process Clauses of the West Virginia and United States Constitutions.”
See also State v. T.C., 172 W.Va. 47, 303 5.E.2d 685 (1983); State ex rel. Miller v. Locke, 162 W.Va. 946, 253 S.E.2d 540 (1979).
We relied in Willis on Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 1213, *69131 L.Ed.2d 551, 559 (1972), where the United States Supreme Court stated:
“The integrity of the family unit has found protection in the Due Process Clause of the Fourteenth Amendment, Meyer v. Nebraska, [262 U.S. 390, 399, 43 S.Ct. 625, 626-27, 67 L.Ed. 1042 (1923)], the Equal Protection Clause of the Fourteenth Amendment, Skinner v. Oklahoma, [316 U.S. 535, 541, 62 S.Ct. 1110, 1113, 86 L.Ed. 1655 (1942)], and the Ninth Amendment, Griswold v. Connecticut, 381 U.S. 479, 496, 85 S.Ct. 1678, 1688, 14 L.Ed.2d 510 (1965) (Goldberg, J., concurring).”
Stanley retains its constitutional vitality as is evidenced by Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 1394-95, 71 L.Ed.2d 599, 606 (1982), where the Supreme Court, after concluding that parental rights cannot be terminated under the due process clause upon less than a “clear and convincing” evidence standard, declared:
“The fundamental liberty interest of natural parents in the care, custody, and management of their child does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State. Even when blood relationships are strained, parents retain a vital interest in preventing the irretrievable destruction of their family life.”7
Our statute, W.Va.Code, 49-6-2(c) (1984), also requires “clear and convincing” proof. In Interest of S. C., 168 W.Va. 366, 284 S.E.2d 867 (1981).
W.Va.Code, 49-6-2(b) (1984),8 permits a parent to move the court for an improvement period which shall be allowed unless the court finds compelling circumstances to justify a denial. We explained in State v. Scritchfield, 167 W.Va. 683, 692-93, 280 S.E.2d 315, 321 (1981):
“Clearly, the statute presumes the entitlement of a parent to an opportunity to ameliorate the conditions or circumstances upon which a child neglect or abuse proceeding is based pending final adjudication, no doubt in recognition of the fundamental right of a parent to the custody of minor children until the unfitness of the parent is proven. See, e.g., *692In re Willis, 157 W.Va. 225, 207 S.E.2d 129 (1973). The statute permits the court to deny such a request only upon a finding of ‘compelling circumstances.’ ”
See also In re Thaxton, 172 W.Va. 429, 307 S.E.2d 465 (1983).
Once the DHS amended its petition seeking permanent custody of Amanda, Cheryl moved the court for an improvement period. The trial court did not rule on the motion until the final adjudicatory hearing in July, 1985, when the court in effect denied it by terminating her parental rights. The court reasoned that for all practical purposes an improvement period had existed since the first hearing.
This conclusion cannot be supported by the facts. We can only conclude that the DHS provided, at best, only minimal assistance and that, although Cheryl cooperated, the DHS never altered its position that her parental rights should be terminated. As we have earlier noted, this position was taken by the DHS in its September 12,1984 report to the court,9 before Cheryl had returned to this State. The initial basis for the recommendation for total parental severance was based on what appears to be a misreading by the DHS of the Maine report of July 16, 1984,10 which was received by the DHS on July 23, 1984. This was clarified in Maine’s letter of October 12, 1984.11
In October, 1984, Cheryl had contact with the DHS and followed its recommendation to utilize the local mental health agency. From November through December 13, 1984, the DHS paid for this counseling. At a hearing in April, 1985, Nikki Kesner, Cheryl’s counselor at the mental health agency, testified that in December, 1984, the DHS indicated it would no longer pay for Cheryl’s counseling. This was apparently because the counseling was in opposition to their position favoring removal of the child from Cheryl.
Ms. Kesner testified that as part of her counseling on parenting skills, she requested increased visitation between Cheryl and Amanda from only one hour once a week. She stated the DHS denied her request. According to Ms. Kesner, Cheryl continued working with the mental health agency after the DHS stopped paying for her sessions. She testified that Cheryl cooperated *693and progressed in her skill level during these sessions. She also testified that she saw no imminent danger in reunifying Cheryl with her child.
A DHS social worker testified that Cheryl had been given material on budgeting and meal planning which she read, but did not extensively discuss. Cheryl was said to be cooperative, but reserved by the DHS personnel. They admitted that her attitude might be a result of its petition to sever her rights.
In October, 1984, after Cheryl had returned to this State, the DHS did assist her in finding a trailer to live in, but it lacked a cook stove. In January, 1985, the pipes in the trailer froze. Subsequently, Cheryl moved in with her boyfriend who was employed and whom she later married. The DHS worker commented that she had found the trailer to be clean and neat.
The DHS also encouraged Cheryl to find a job at a local chicken processing plant. She applied, but the plant had no permanent jobs available. She was placed on the on-call list which meant that if an employee was off, she might be called to fill-in. She was called twice in a ten-day interval. Cheryl then decided to maintain her steady work as a waitress and cashier at a local supper club. Because her child was in a foster home, she was not eligible for any regular benefits from the DHS.
Part of the problem in this case is the lack of a court-approved family case plan. As a result of a 1984 amendment to W.Va.Code, 49-6-2(b),12 when an improvement period is authorized, then the court by order shall require the DHS to prepare a family case plan pursuant to W.Va.Code, 49-6D-3 (1984). Under W.Va.Code, 49-6D-3, the DHS is required to prepare a family case plan with participation by the parties and their counsel and to submit it to the court for approval within thirty days.13 The purpose of the family case plan as set out in V.Va.Code, 49-6D-3(a), “is to clearly set forth an organized, realistic method of identifying family problems and the logical steps to be used in resolving or lessening these problems.” 14
This case aptly illustrates the legislative wisdom behind W.Va.Code, 49-6D-3. It is designed to foreclose a natural parent from being placed in an amphorous improvement period where there are no detailed stan*694dards by which the improvement steps can be measured. It also provides a meaningful blueprint that the DHS can monitor and which will also give the court specific information to determine whether the terms of the improvement period were met. Without such a plan, a court is then confronted with general testimony as to whether the natural parent has shown the requisite “improvement.”
The point that bears emphasizing is that under W.Va.Code, 49-6-2(b), the family case plan is triggered when a court orders an improvement period. Here, the court took no formal action to order an improvement period and, as a consequence, there was never any court-approved family case plan as required by W.Va.Code, 49-6D-3(b).
It must be remembered that W.Va.Code, 49-6D-3, is a part of a larger enactment known as the West Virginia Child Protective Services Act (CPSA), W.Va.Code, 49-6D-1, et seq. Its,purpose and intent are set out in W.Va.Code, 49-6D-2, which emphasizes that “the intention of the legislature [is] to provide for the removal of a child from the custody of the child’s parents only when the child’s welfare cannot be otherwise adequately safeguarded.” (Emphasis added).
The DHS is given primary responsibility for the implementation of this act which became effective on June 10, 1984.15 It may well be that because of its relatively recent enactment, the DHS and the lower court were not entirely familiar with its terms. From a review of the record in this case, we find that the DHS fell far short of the goals envisioned by the CPSA and provided little relevant assistance to the mother in this case.
We cannot accept the DHS’s position that good faith efforts were made toward a rehabilitative plan when its court position as early as September, 1984, was to have Cheryl’s rights terminated. This was before any parenting assistance was extend-' ed to Cheryl by the DHS. The April 15 and 18, 1985, hearings clearly show that they were designed to determine whether to permanently sever Cheryl’s parental rights as requested by the DHS. At the conclusion of these hearings, the court asked the DHS if it was satisfied and was assured that it was and the matter was then submitted for a decision.16
Curiously, following this hearing, the DHS prepared a revised family case plan for Cheryl, but appears not to have obtained any court approval under W.Va. Code, 49-6D-3(b).17 Over the objection of Cheryl’s counsel, a further hearing was held on July 8, 1985, at which point two DHS caseworkers testified about Cheryl’s failure to meet the amended plan.
In the ordinary case where there are no compelling reasons to reject an improvement period under W.Va.Code, 49-6-2, we do not believe that the DHS should move for total severance of the parental rights in advance of a meaningful improvement period. Such an action appears contrary to the *695provisions of the CPSA, which stresses the need to preserve the family relationship.
We, therefore, conclude that the court erred in permanently terminating the mother’s rights to Amanda for several reasons. First, the mother was entitled to a meaningful improvement period to demonstrate her ability to care for her child as required by W.Va.Code, 49-6-2. There were no “compelling circumstances to justify a denial.” W.Va.Code, 49-6-2(b). Second, the DHS did not comply with the provisions of W.Va.Code, 49-6D-3, in regard to preparing an appropriate family case plan for submission to the court and, of equal importance, the rendering of good faith efforts to provide assistance and counseling for the mother under it. Finally, the evidence did not reach the clear and convincing standard as required by procedural due process and as embodied in W.Va.Code, 49-6-2(c) (1984), to terminate Cheryl’s parental rights.
We recognize that the child has been with the foster parents for almost three years and are aware that there are undoubtedly bonds of attachment between the child and the foster parents. However, constitutional considerations as reinforced by the CPSA mandate preservation of parental rights. It is only when bona fide attempts at counseling fail or the original abuse and neglect is so egregious that an improvement period will be of no avail that a court may be warranted in severing parental rights. Neither of these conditions is met in this case.
Because the mother did not voluntarily consent to give up her rights to her child, the application of the rule regarding the best interests of the child is not controlling. The Supreme Court of Connecticut in In re Juvenile Appeal, 177 Conn. 648, 671-72, 420 A.2d 875, 886-87 (1979), aptly described the reason why the best interests rule is not applicable in a case involving the involuntary severance of parental rights:
“In contrast to custody proceedings, in which the best interests of the child are always the paramount consideration and in fact usually dictate the outcome, in termination proceedings the statutory criteria must be met before termination can be accomplished and adoption proceedings begun. No all-encompassing ‘best interests’ standard vitiates the requirement of compliance with the statutory criteria. See Alsager v. District Court of Polk County, Iowa, [406 F.Supp. 10 (S.D.Iowa 1975), aff'd, 545 F.2d 1137 (8th Cir.1976)]; In re Adoption of Children by D., 61 N.J. 89, 293 A.2d 171 (1972); Malpass v. Morgan, 213 Va. 393, 192 S.E.2d 794 (1972); Ketcham & Babcock, ‘Statutory Standards for the Involuntary Termination of Parental Rights,’ 29 Rutgers L.Rev. 530, 539 (1976); comment, ‘Termination of Parental Rights in Adoption Cases: Focusing on the Child,’ 14 J.Fam.L. 547, 550 (1975).
“Insistence upon strict compliance with the statutory criteria before termination of parental rights and subsequent adoption proceedings can occur is not inconsistent with concern for the best interests of the child. Rather, it enhances the child’s best interests by promoting autonomous families and by reducing the dangers of arbitrary and biased decisions amounting to state intrusion disguised under the rubric of the child’s ‘best interests.’ See Wald, ‘State Intervention on Behalf of “Neglected” Children: Standards for Removal of Children from Their Homes, Monitoring the Status of Children in Foster Care, and Termination of Parental Rights,’ 28 Stan.L.Rev. 623, 638-39 (1976).”
The Connecticut Supreme Court went on to explain a recurrent social problem that courts and commentators have observed with regard to terminating natural parents’ rights to their children when the parents are economically deprived — the existence of a bias in favor of having the child with someone who is more economically secure:
“Petitions for termination of parental rights are particularly vulnerable to the risk that judges or social workers will be tempted, consciously or unconsciously, to compare unfavorably the material advantages of the child’s natural parents with those of prospective adoptive parents and therefore to reach a result based on such
*696comparisons rather than on the statutory criteria. The United States Supreme Court has forcefully recognized this danger: ‘Commentators have ... noted ... that middle- and upper-income families who need temporary care services for their children have the resource to purchase private care.... The poor have little choice but to submit to state-supervised child care when family crises strike_ Studies also suggest that social workers of middle-class backgrounds, perhaps unconsciously, incline to favor continued placement in foster care with a generally higher-status family rather than return the child to his natural family, thus reflecting a bias that treats the natural parents’ poverty and lifestyle as prejudicial to the best interests of the child. [Citations omitted.] This accounts it has been said, for the hostility of agencies to the efforts of natural parents to obtain the return of their children.’ Smith v. Organization of Foster Families for Equality & Reform, 431 U.S. 816, 834-35, 97 S.Ct. 2094, 2104-2105, 53 L.Ed.2d 14 [28-29] (1977).” 177 Conn. at 672-73, 420 A.2d at 886-87.
See also In Interest of B.M., 335 N.W.2d 321 (N.D.1983); In re Kristina L., 520 A.2d 574 (R.I.1987).
Here, as we pointed out earlier, the policy of the legislature is to favor rehabilitating the family unit before severing parental rights. Thus, the rule regarding the best interests of the child is not controlling in this proceeding.18
For the foregoing reasons, the judgment of the Circuit Court of Hardy County is reversed and this case is remanded for further proceedings not inconsistent with this opinion. These proceedings will consist of approving an appropriate family case plan under W.Va.Code, 49-6D-3(a), and ultimately determining whether or not to reunite Cheryl with her daughter.
Reversed and Remanded.