Fauquier County Department of Social Services v. Bethanee Ridgeway
59 Va. App. 185
| Va. Ct. App. | 2011Background
- FSDS removed four children in 2008 and placed them in foster care.
- Mother signed a 2008 Service Plan with fifteen goals to regain custody.
- Mother completed some evaluations and counseling but failed housing and employment requirements.
- A.R. suffered sexual abuse and related behavioral issues; others had varying concerns.
- Trial court terminated rights to A.R. and H.R., but not to C.R. and D.R.; custody of C.R. to mother.
- Department appeals the denial of termination for C.R.; mother appeals termination for A.R.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did trial court terminate A.R.’s rights under §16.1-283(C)(2)? | Ridgeway failed to remedy conditions within a year. | Department showed unremedied conditions despite efforts. | Yes, termination upheld. |
| Was denial of termination for C.R. proper and custody returned to mother? | C.R. could be retained with mother if appropriate. | C.R. should have remained under foster plan; rights not terminated. | Yes, proper; custody to mother affirmed. |
| Was the best-interests analysis correctly applied to both children? | Best interests favored terminating for A.R.; preservation for C.R.. | Court balanced bond, needs, and rehabilitation prospects appropriately. | Yes, best-interests framework applied properly. |
Key Cases Cited
- Logan v. Fairfax Cnty. Dep’t of Hum. Dev., 13 Va. App. 123, 409 S.E.2d 460 (1991) (best interests as paramount)
- Martin v. Pittsylvania Cnty. Dep’t of Soc. Servs., 3 Va. App. 15, 348 S.E.2d 13 (1986) (ore tenus findings given great weight)
- Kaywood v. Halifax Cnty. Dep’t of Soc. Servs., 10 Va. App. 535, 394 S.E.2d 492 (1990) (avoid lengthy delay in parental responsibility)
- Richmond Dep’t of Soc. Servs. v. L.P., 35 Va. App. 573, 546 S.E.2d 749 (2001) (preservation of parent-child relationship favored)
- Helen W. v. Fairfax Cnty. Dep’t of Human Dev., 12 Va. App. 877, 407 S.E.2d 25 (1991) (parens patriae caution on drastic action)
- Toms v. Hanover Dep’t of Soc. Servs., 46 Va. App. 257, 616 S.E.2d 765 (2005) (foster-care plan vs. termination standards distinguished)
- Najera v. Chesapeake Div. of Soc. Servs., 48 Va. App. 237, 629 S.E.2d 721 (2006) (mootness of foster-care plan when termination decided)