Laurianne Kristin Quesenberry v. Giles County Department of Social Services
1340203
| Va. Ct. App. | Jul 27, 2021Background:
- Children (ages 7, 6, and 3) were removed in Sept. 2019 after DSS found unsafe conditions and father’s drug impairment; children placed in same foster home and remained there ~13 months.
- Mother lived with a boyfriend in a two‑bedroom home, reported immigration issues that impeded employment, received funding to consult an immigration attorney, and did not obtain alternate housing.
- DSS required mother to obtain stable housing/employment, complete a comprehensive evaluation and parenting classes, and attend supervised visitation; she completed the evaluation, nearly all parenting classes, and regularly visited the children.
- Children exhibited developmental delays, PTSD, and hygiene/attachment problems on entry; L.Q. was diagnosed with reactive attachment disorder and ‘‘severely neglected’’ while in parents’ custody; foster placements and therapy produced significant progress.
- Mother did not contact the children’s therapists, did not secure stable employment or adequate housing, and relied on DSS transportation and her boyfriend financially.
- The circuit court terminated mother’s parental rights under Va. Code § 16.1‑283(C)(2) (failure to remedy conditions within a reasonable time despite efforts) and approved adoption; the Court of Appeals summarily affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to terminate under §16.1‑283(C)(2) | Quesenberry: participated in services, maintained visitation; therefore evidence insufficient | DSS: mother failed to remedy core conditions (housing, employment, engagement with children’s therapy) within the statutory period | Court: affirmed — evidence sufficient to terminate |
| Whether immigration status excused failures | Mother: immigration issues prevented employment/housing | DSS: provided immigration counsel funding and housing referrals; mother did not secure housing or employment | Court: rejected immigration as good cause for failing to remedy conditions |
| Weight of mother’s service participation and visitation | Mother: completed evaluation, most parenting classes, consistent visits | DSS: participation alone insufficient because core problems remained and mother did not address children’s therapeutic needs | Court: held participation insufficient absent substantial remediation |
| Children’s best interests and need for stability | Mother: (argues continued relationship/visits) | DSS: children improved in foster care; L.Q. needs long‑term stable, therapeutic home; parental presence likely to retraumatize | Court: termination favored children’s best interests; adoption goal approved |
Key Cases Cited
- Yafi v. Stafford Dep’t of Soc. Servs., 69 Va. App. 539 (2018) (standard for reviewing termination and focus on failure to remedy conditions)
- Toms v. Hanover Dep’t of Soc. Servs., 46 Va. App. 257 (2005) (termination centers on demonstrated failure to make reasonable changes)
- Fauquier Cnty. Dep’t of Soc. Servs. v. Ridgeway, 59 Va. App. 185 (2011) (deference to ore tenus findings of fact)
- Castillo v. Loudoun Cnty. Dep’t of Fam. Servs., 68 Va. App. 547 (2018) (trial court presumed to weigh evidence and consider child’s best interests)
- Martin v. Pittsylvania Cnty. Dep’t of Soc. Servs., 3 Va. App. 15 (1986) (deference to trial court factfinding when evidence heard ore tenus)
- Tackett v. Arlington Cnty. Dep’t of Hum. Servs., 62 Va. App. 296 (2013) (a child should not wait a lengthy period for a parent to become capable of parenting)
- Levick v. MacDougall, 294 Va. 283 (2017) (limited unsealing of sealed records when necessary for appellate review)