Kyle Crews v. Halifax County Department of Social Services
1272162
| Va. Ct. App. | Feb 28, 2017Background
- Father (Kyle Crews) has a history of child-abuse findings: parental rights involuntarily terminated to three other children and convicted of felony child abuse as to two children.
- J.C., born June 2015, was removed shortly after birth; while returned to parents briefly, the circuit court later restored custody to the Department.
- Medical testimony established J.C. suffered two non-accidental rib fractures and subconjunctival hemorrhages; rib fractures required moderate–severe force.
- The Department petitioned to terminate father’s parental rights to J.C.; the juvenile court terminated rights on March 23, 2016.
- The circuit court (after a bench trial) terminated father’s parental rights under Code § 16.1-283, including subsection (E)(i) (prior involuntary termination as to a sibling), and approved adoption as the permanency goal.
- The Court of Appeals summarily affirmed, concluding (based on alternative grounds) that termination under § 16.1-283(E)(i) was supported by clear and convincing evidence and was in the child’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination of father's parental rights to J.C. was in the child’s best interests under Code § 16.1-283(E)(i) (prior involuntary termination of sibling). | Dept: Prior involuntary terminations of three sibling(s) support termination of residual parental rights to J.C. | Crews: Concedes prior terminations and child’s injuries but argues the law should be changed and termination was not appropriate here. | Court: Affirmed termination under § 16.1-283(E)(i); alternative grounds need not be addressed. |
Key Cases Cited
- Martin v. Pittsylvania Cty. Dep’t of Soc. Servs., 3 Va. App. 15, 348 S.E.2d 13 (1986) (trial-court findings on ore tenus evidence entitled to great weight)
- Logan v. Fairfax Cty. Dep’t of Human Dev., 13 Va. App. 123, 409 S.E.2d 460 (1991) (child’s best interests are paramount in termination proceedings)
- Fields v. Dinwiddie Cty. Dep’t of Soc. Servs., 46 Va. App. 1, 614 S.E.2d 656 (2005) (affirmance may rest on any sufficient alternative statutory ground)