Ange v. York/Poquoson Department of Social Services

560 S.E.2d 474, 37 Va. App. 615, 2002 Va. App. LEXIS 145
CourtCourt of Appeals of Virginia
DecidedMarch 12, 2002
Docket0925011
StatusPublished
Cited by15 cases

This text of 560 S.E.2d 474 (Ange v. York/Poquoson Department of Social Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ange v. York/Poquoson Department of Social Services, 560 S.E.2d 474, 37 Va. App. 615, 2002 Va. App. LEXIS 145 (Va. Ct. App. 2002).

Opinions

[618]*618CLEMENTS, Judge.

Penny Ange appeals from a decision of the Circuit Court of York County (trial court) terminating her residual parental rights to three of her minor children and approving a foster care service plan of the York/Poquoson Department of Social Services (DSS) providing for the placement of another of her minor children in permanent foster care. On appeal, Ange contends the trial court abused its discretion by summarily disposing of her appeals from the Juvenile and Domestic Relations District Court of York County (juvenile court) without a hearing on the merits for failure to comply with the trial court’s pretrial orders. For the reasons that follow, we conclude the trial court abused its discretion and, therefore, reverse the judgment of the trial court and remand this case for further proceedings.

I. PROCEDURAL BACKGROUND

The record before us includes, in lieu of a transcript, a written statement of facts, made a part of the record pursuant to Rule 5A:8(c) and (d).

The procedural posture of this case is not in dispute. On September 12, 2000, the juvenile court approved DSS’s foster care service plan identifying a goal of permanent foster care for Ange’s daughter M.R. and ordered that M.R. be placed in permanent foster care. On September 25, 2000, the juvenile court ordered that Ange’s residual parental rights to three of her other minor children, G.K., S.R., and L.R. (the children), be terminated. Ange timely noted her appeal of those orders to the trial court.

On appeal to the trial court, a pretrial conference for the four cases was set for November 14, 2000, to allow the trial judge to “get a feel of [the] time and direction needed for trial.” At the pretrial conference, acting in its own discretion, the trial court ordered, pursuant to Rule 1:18, DSS to conduct a “Home Study” of Ange’s home and a “Parental Evaluation” of Ange and DSS and Ange to “complete the ‘Best Interest of the Child’ Proffers pursuant to [Code § 20-124.3].” The court [619]*619further ordered that the proffers were to be filed with the court by 8:00 a.m. on December 15, 2000, or “the presence of the parties [would] be required” on that date. These directives were memorialized in a pretrial scheduling order entered by the trial court, without objection, on December 13, 2000.1

DSS filed its “Best Interest of the Child Proffers” on December 14, 2000. Ange did not file her proffers by December 15, 2000, or appear in court on that date. However, a hearing attended by Ange’s counsel and counsel for DSS was held on that date, and the trial court extended the deadline for filing the proffers to January 5, 2001. No order regarding the January 5, 2001 deadline was entered, but the trial court subsequently entered an order extending the deadline for filing the proffers to January 16, 2001. That order, entered on January 3, 2001, read, in pertinent part, as follows:

On the 15th day of December, 2000, came the York/Poquoson Department of Social Services by counsel and ... counsel for Ms. Ange, to provide cause to the court as to why the “Best Interest of the Child Proffers” previously ordered to have been completed by Ms. Penny Ange had not yet been filed with the Court.
Having reviewed the issues involved in the matter, the court does Order as follows:
1. That the Court Order from the Pretrial Conference on November 14, 2000, be served on Ms. Penny Ange.
2. That this Court Order be served on Ms. Penny Ange....
3. That if Ms. Penny Ange does not comply with the provisions of the November 14, 2000, Court Order by January 16, 2001, at 8:00 a.m., this Court will dismiss Ms. Ange’s Appeal.

The orders of December 13, 2000, and January 3, 2001, were personally served on Ange on January 6, 2001. Ange appeared in court with her counsel at 8:00 a.m. on January 16, [620]*6202001, and submitted her “Best Interest of the Child Proffers” to the trial court. Because the proffers for the four children were only “partially completed,” the trial court granted a two-hour extension for filing Ange’s “signed, notarized and com.pleted” proffers. Ange filed her completed and notarized proffers within the required time period.

At the January 16, 2001 hearing, the trial court also ordered Ange to “report to [DSS’s] offices by noon on January 16, 2001, to begin the home study process, or her appeal [would] be dismissed.” The trial court further ordered Ange to “cooperate with [DSS] in completing the home study.”2 These directives were memorialized in an order entered January 22, 2001.

By letter dated January 16, 2001, DSS informed the trial court that Ange had reported that day to its offices and had been given a “Home Study packet which [was] to be completed by January 30, 2001.” Ange had also been asked, according to DSS’s letter, to inform DSS if her address changed and to make an appointment with DSS to discuss information pertaining to the “Home Study.”

By letter dated February 12, 2001, DSS advised the trial court that Ange returned the “Home Study packet” on January 30, 2001, noting, however, that “it was only partially completed, as [Ange] did not complete the Autobiography or the authorization to release school information form.”3 DSS also indicated in the letter that the information provided by Ange on the “Questionnaire” form in the packet was “so vague” it did not, in the opinion of the DSS social worker assigned to the case, “address[ ] the matter ... before [the] Court.” DSS further reported that Ange failed to respond to [621]*621two letters sent by DSS on February 1, 2001, and February 5, 2001, respectively, to Ange’s last known address informing her of two appointments that had been made for her to meet with the social worker assigned to her case “to discuss the Home Study and schedule a home visit.” According to DSS’s letter to the trial court, Ange did not attend either meeting. DSS also set forth in the February 12, 2001 letter “Ange’s Child Protective Services history,” consisting of six “Founded dispositions” entered against Ange between 1993 and 2001 and the removal of her children from the home in February 1999. In concluding the letter, DSS wrote as follows:

At this time, it does not appear as though this agency would be able to complete a Home Study on Ms. Ange, as she is not willing to meet with [the assigned social] worker. However, this agency has not been informed of a specific date in which this Home Study is to be completed. Currently, we are under the perception that Ms. Ange has an open time frame in which to comply. Please advise us in regards to your Honor’s intent.

Upon receipt of DSS’s letter of February 12, 2001, the trial court set a “further pretrial hearing” on the “matters raised in [DSS’s] letter” for March 8, 2001. At that hearing, the trial court, referencing DSS’s letter of February 12, 2001, found that Ange had “not substantially complied with any of’ its pretrial orders concerning the preparation of the case for trial, in that she had not “property] completed] ... the Best Interests of the Child Proffers” or “full[y] cooperated] in the performance of a Home Study and a Parental Evaluation.”

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Ange v. York/Poquoson Department of Social Services
560 S.E.2d 474 (Court of Appeals of Virginia, 2002)

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Bluebook (online)
560 S.E.2d 474, 37 Va. App. 615, 2002 Va. App. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ange-v-yorkpoquoson-department-of-social-services-vactapp-2002.