Jason William King, Sr. v. King George Department of Social Services
69 Va. App. 206
| Va. Ct. App. | 2018Background
- Jason W. King, Sr. is the father of six children; an infant in his care died in 2011 after he left her briefly in a bathtub; King was later convicted of involuntary manslaughter under Va. Code § 18.2-32.
- The Department of Social Services maintained involvement and eventually removed the children and sought termination of King’s parental rights under Va. Code § 16.1-283.
- The JDR court initially terminated King’s rights under § 16.1-283(C)(2); King appealed to the circuit court.
- After hearings, the Department moved for summary judgment; the circuit court sustained the motion and terminated King’s parental rights under § 16.1-283(E)(iii) based on his earlier involuntary manslaughter conviction.
- King appealed, arguing (1) involuntary manslaughter is not a “felony assault resulting in serious bodily injury” under § 16.1-283(E)(iii), (2) involuntary manslaughter is not listed as a predicate offense, and (3) the conviction was too remote in time.
- The Court of Appeals affirmed, concluding the manslaughter conviction fits the statutory definition and that timing is not constrained by the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an involuntary manslaughter conviction qualifies as a "felony assault resulting in serious bodily injury" under Va. Code § 16.1-283(E)(iii) | King: involuntary manslaughter lacks the mens rea/elements of "felony assault" and thus does not qualify. | Department: statute focuses on the effect on the child (serious bodily injury), not crime nomenclature; Brown supports broad application. | The court held involuntary manslaughter is a felonious crime causing serious bodily injury to a child and thus qualifies. |
| Whether involuntary manslaughter must be specifically listed as a predicate offense in § 16.1-283(E)(ii) | King: manslaughter is not listed in § 16.1-283(E)(ii), so it cannot be a basis for termination. | Department: subsection (E)(iii) covers other felonious crimes that result in serious bodily injury; Brown treated nonlisted crimes similarly. | The court held § 16.1-283(E)(iii) subsumes other offenses (like manslaughter) that meet the felony-assault definition. |
| Whether the mens rea differences between involuntary manslaughter and child abuse prevent application of § 16.1-283(E)(iii) | King: differing mental-state elements make manslaughter inapplicable. | Department: both involuntary manslaughter and child abuse/neglect require criminal (gross) negligence, so mens rea aligns. | The court held both offenses require criminal negligence; mens rea is sufficiently similar. |
| Whether a six-year gap between the conviction and removal precludes termination under § 16.1-283(E) | King: the conviction was remote in time and should not support termination. | Department: the statute contains no temporal restriction on when the conviction must have occurred. | The court held timing is not restricted by the statute and the prior conviction may support termination. |
Key Cases Cited
- Brown v. Spotsylvania Dep’t of Soc. Servs., 43 Va. App. 205, 597 S.E.2d 214 (Va. Ct. App. 2004) (held nonlisted child-abuse conviction can satisfy statutory "felony assault resulting in serious bodily injury" requirement)
- Kilby v. Culpeper Cty. Dep’t of Soc. Servs., 55 Va. App. 106, 684 S.E.2d 219 (Va. Ct. App. 2009) (extended Brown’s interpretation to § 16.1-283(E)(iii))
- Gregg v. Commonwealth, 67 Va. App. 375, 796 S.E.2d 447 (Va. Ct. App. 2017) (defines elements of involuntary manslaughter and criminal negligence)
- Noakes v. Commonwealth, 54 Va. App. 577, 681 S.E.2d 48 (Va. Ct. App. 2009) (explains involuntary manslaughter occurs from unlawful but nonfelonious acts or improper performance of lawful acts)
- Mosby v. Commonwealth, 23 Va. App. 53, 473 S.E.2d 732 (Va. Ct. App. 1996) (criminal negligence required for child abuse/neglect)
- Ellis v. Commonwealth, 29 Va. App. 548, 513 S.E.2d 453 (Va. Ct. App. 1999) (defines gross/criminal negligence and willful negligence for child-welfare statutes)
- Farrell v. Warren Cty. Dep’t of Soc. Servs., 59 Va. App. 375, 719 S.E.2d 329 (Va. Ct. App. 2012) (standard of review for termination appeals)