Steven Clifton Pagans v. Franklin County Department of Social Services, 1373163

Father and mother are biological parents of N.C.P. (2010) and S.R.P. (2011); a third child born addicted to methadone in 2013 heightened Department involvement.
JDR court in 2014 issued preliminary protective orders and later removal orders based on parents' methamphetamine positives; adjudicatory orders found neglect.
Department required father to complete a criminal background check, psychological and substance abuse evaluations, parenting class, counseling, visit children, stay in contact with the Department, and cooperate; father frequently missed or was late for visits and completed few requirements.
In November 2015, the JDR court terminated father’s parental rights to N.C.P. and S.R.P.; mother’s parental rights were also terminated.
May 2016 circuit court heard evidence; Department showed children were thriving in foster care with adoptive prospects; father admitted minimal contact with Department and did not complete requirements.
Circuit Court terminated father’s rights under Code § 16.1-283(B) and (C)(2); final order entered July 20, 2016; father appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether termination under 16.1-283(B) was supported	Pagans argues lack of proof of serious threat/correctability under B.	Pagans asserts he was capable of reform and should be given chance to regain composition with children.	Court affirmed termination; however, analysis found moot regarding B because C(2) independently supports termination.

Logan v. Fairfax Cty. Dep’t of Human Dev., 13 Va. App. 123 (1991) (best-interests as guiding principle in termination cases)
Fields v. Dinwiddie Cty. Dep’t of Soc. Servs., 46 Va. App. 1 (2005) (best interests are required for termination under both B and C; distinct bases exist)
City of Newport News Dep’t of Soc. Servs. v. Winslow, 40 Va. App. 556 (2003) (separate bases for termination under different subsections; mootness considerations)