Jessica Dianne Gilley v. Patrick County Department of Social Services
1601163
| Va. Ct. App. | Jan 31, 2017Background
- Mother and father have two children (born Feb 2013 and Sept 2014) who were removed after the youngest tested positive for marijuana and amphetamines at birth; the Department had prior CPS involvement for the family.
- Father received active prison sentences in 2014 and 2015; both parents had intermittent contact with the Department and periods of evasion.
- Between Sept 2014 and Jan 2016 mother had inconsistent drug testing: five positives for marijuana, five negatives, and five refusals; a court-ordered screen in April 2016 was positive.
- Mother provided changing and sometimes inaccurate addresses; home conditions included no electricity and inadequate cooperation with the Department’s efforts to verify housing stability.
- The JDR court terminated parental rights under Va. Code § 16.1-283(B) and (C)(2); the circuit court affirmed after finding mother’s lack of contact and persistent drug use impeded reunification and that the children were thriving in foster care with adoptive resources.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Department made reasonable and appropriate reunification efforts under Va. Code § 16.1-283(C)(2) | Gilley argued the Department failed to provide increased visitation or transition planning and thus did not make required efforts | Department argued it made reasonable efforts but was impeded by mother’s evasion, inconsistent contact, and drug use | Court affirmed termination; mother’s challenge rendered moot because she did not contest § 16.1-283(B) termination, so court need not consider § 16.1-283(C)(2) independently |
Key Cases Cited
- Logan v. Fairfax Cty. Dep’t of Human Dev., 13 Va. App. 123, 409 S.E.2d 460 (1991) (standard for viewing evidence in favor of prevailing party on appeal)
- Fields v. Dinwiddie Cty. Dep’t of Soc. Servs., 46 Va. App. 1, 614 S.E.2d 656 (2005) (clear-and-convincing evidence that termination is in child’s best interests is required)
- City of Newport News Dep’t of Soc. Servs. v. Winslow, 40 Va. App. 556, 580 S.E.2d 463 (2003) (distinct statutory bases for terminating residual parental rights; failure to challenge one ground can render related challenges moot)