Lisa J. Yokshas & Scott L. Greaser v. Bristol City Department of Social Services
0065173
| Va. Ct. App. | Nov 14, 2017Background
- H., born July 14, 2014, suffered biliary atresia and required a liver transplant; Bristol City DSS removed her from her parents and placed her with appellants Lisa Yokshas and Scott Greaser as foster parents on Jan. 9, 2015.
- The appellants cared for H. for ~9 months, met intensive medical needs, and bonded with her; H. received a liver transplant Sept. 25, 2015.
- DSS removed H. from the appellants’ care while she was recovering and placed her with new foster parents (the Bowmans) in Oct. 2015; the appellants’ foster placement was thus terminated per the foster agreement.
- The appellants filed custody petitions in JDR court (denied for lack of standing as not “persons with a legitimate interest”); they appealed to the circuit court and later filed an adoption petition and an injunction to bar others from adopting H.
- The circuit court denied the custody, adoption, and injunction petitions for lack of standing; the appellants appealed to the Court of Appeals of Virginia.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether former foster parents are "persons with a legitimate interest" under Va. Code § 20-124.1 and thus have standing to seek custody | Appellants: their nine-month caregiving, parental functioning, medical care, and bond make them the "functional equivalent" of parents and thus persons with a legitimate interest | DSS & GAL: appellants’ status arose solely from a foster care contract which was terminated, so they lack the statutory categories or equivalent relationship | Court reversed: appellants qualify as persons with a legitimate interest as the functional equivalent of parents and have standing to litigate custody (remand for merits) |
| Whether appellants had standing to file an adoption petition despite H. not residing with them (Va. Code § 63.2-1201) | Appellants: statute permits any natural person who resides in the Commonwealth to file an adoption petition | DSS & GAL: standing requires the child to be living with petitioner (or other statutory predicates), so appellants lack standing | Court held appellants have standing under the plain language of § 63.2-1201 because they are natural persons residing in Virginia; merits still subject to pleading/investigation requirements |
| Whether the injunction petition could be dismissed for lack of standing tied to custody/adoption rulings | Appellants: injunction follows if they have standing on custody or adoption | DSS & GAL: without standing on custody/adoption, appellants cannot seek injunction | Court reversed dismissal of injunction; injunction must be reconsidered after standing established for custody and adoption |
Key Cases Cited
- Surles v. Mayer, 48 Va. App. 146 (Va. Ct. App.) (nonlisted persons may be "persons with a legitimate interest" if functionally equivalent to listed categories)
- Damon v. York, 54 Va. App. 544 (Va. Ct. App.) (litigant must show relationship similar to categories in § 20-124.1 to obtain standing)
- Boatright v. Wise Cty. Dep’t of Soc. Servs., 64 Va. App. 71 (Va. Ct. App.) (appellate review view of evidence in custody appeals)
- Barr v. Town & Country Props., 240 Va. 292 (Va.) (statutory interpretation presumes legislature chose words with care)