Felicia Elizabeth Feaster v. Harrisonburg-Rockingham Social Services District
0135173
| Va. Ct. App. | Jul 25, 2017Background
- Mother (Feaster) has prior involuntary terminations of parental rights to two children (H.M. and J.F.).
- C.M., born June 2015, was adjudicated abused/neglected after parents tested positive for drugs; parents were ordered to cooperate with services and random drug screens.
- Parents had unstable housing, ongoing substance abuse, missed or refused multiple drug tests, and mother declined inpatient treatment offered by the Department.
- Father was convicted of multiple felonies and incarcerated; mother experienced unemployment, short incarcerations for nonpayment of child support, and continued housing instability.
- C.M. was placed in foster care (with a sibling) and was doing well; relatives were not viable placement options.
- The JDR court terminated parental rights and set adoption as the goal; the circuit court affirmed termination of mother’s parental rights under Va. Code § 16.1-283(E)(i) (and also C(2) as an alternative). Mother appealed only the best-interests challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination of mother's parental rights was contrary to the child's best interests under Code § 16.1-283(E)(i) | Feaster argued termination was not in C.M.’s best interests | DSS argued prior involuntary terminations of siblings plus mother’s ongoing instability and substance abuse made termination in child’s best interests | Court held termination was in child’s best interests under § 16.1-283(E)(i); affirmed circuit court |
Key Cases Cited
- Logan v. Fairfax Cty. Dep’t of Human Dev., 13 Va. App. 123, 409 S.E.2d 460 (Va. Ct. App.) (child’s best interests are paramount in parental termination proceedings)
- Martin v. Pittsylvania Cty. Dep’t of Soc. Servs., 3 Va. App. 15, 348 S.E.2d 13 (Va. Ct. App.) (trial court findings on ore tenus evidence are entitled to great weight)
- Fields v. Dinwiddie Cty. Dep’t of Soc. Servs., 46 Va. App. 1, 614 S.E.2d 656 (Va. Ct. App.) (if any alternative ground supporting termination is valid, appellate court need not address others)