Shannita Jones v. Arlington County Department of Human Services
0569174
| Va. Ct. App. | Dec 12, 2017Background
- Arlington DHS became involved in Oct 2015 for inadequate supervision and possible substance abuse by mother; safety plan implemented.
- Nov 6–9, 2015: police and CPS incidents involving mother, including a domestic incident and children left home alone.
- Dec 2015: children removed from mother; JDR court found neglect but allowed return to home; safety order placed.
- Throughout 2016: mother repeatedly used drugs (marijuana, PCP); attended some evaluations but did not comply with treatment.
- Sept 29, 2016: JDR court approved foster care plans with adoption as goal; January 2017: circuit court terminated parental rights.
- Circuit court found children have substantial, long‑standing needs and that mother was unable to meet them; adoption was in the children’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was proper under 16.1-283(C)(2). | Jones: mother unwilling/unable to remedy conditions within 12 months. | Department: services reasonable; mother failed to engage in substance abuse treatment. | affirmed |
| Whether services offered were reasonable and appropriate. | Jones: services did not address mental health needs. | Department: treatment prioritized; co‑occurring disorders cannot be treated without addressing substance abuse. | affirmed |
| Whether adoption was proper as a goal. | Jones: return home should be pursued if possible. | Department: best interests require adoption given unavailability of parenting ability. | affirmed |
| Whether findings about exposure and risks justify termination. | Jones: evidence overstated; mother’s behavior not causally linked to needs. | Department: children exposed to substantial and severe prior conditions; cannot be remedied by mother. | affirmed |
Key Cases Cited
- Logan v. Fairfax Cty. Dep’t of Human Dev., 13 Va. App. 123 (1991) (evidence and ore tenus standard reviewed for best interests)
- Eaton v. Washington Cty. Dep’t of Soc. Servs., 66 Va. App. 317 (2016) (trial court presumed to have weighed evidence; not disturbed unless plainly wrong)
- Fields v. Dinwiddie Cty. Dep’t of Soc. Servs., 46 Va. App. 1 (2005) (consolidates standard for termination and the 'best interests' inquiry)
- Ferguson v. Stafford Cty. Dep’t of Soc. Servs., 14 Va. App. 333 (1992) (reasonable and appropriate efforts judged against case circumstances)
- Barkey v. Commonwealth, 2 Va. App. 662 (1986) (courts not forced to accept unwilling or disinterested parent's participation)
- Kaywood v. Halifax Cty. Dep’t of Soc. Servs., 10 Va. App. 535 (1990) (best interests and duration considerations in adoption decisions)