COURT OF APPEALS OF VIRGINIA
Present: Judges Humphreys, Huff and Senior Judge Clements
BRANDY NICOLE BEARD MEMORANDUM OPINION * v. Record No. 2529-11-2 PER CURIAM AUGUST 7, 2012 HALIFAX COUNTY DEPARTMENT OF SOCIAL SERVICES
FROM THE CIRCUIT COURT OF HALIFAX COUNTY Joel C. Cunningham, Judge
(Brendan U. Dunning; Law Office of Brendan U. Dunning, P.C., on brief), for appellant.
(Carol B. Gravitt; Gravitt & Gravitt, P.C., on brief), for appellee.
(Tracy L. Quackenbush; Law Office of Tracy L. Quackenbush, PLC, on brief), Guardian ad litem for the infant children.
Brandy Nicole Beard appeals the termination of her parental rights to her five children
pursuant to Code § 16.1-283(C)(2). Beard argues the trial court erred in terminating her parental
rights to her children based upon her allowing contact between the children and Michael
Radosinovich. She also argues she availed herself to services offered by Halifax County
Department of Social Services (DSS) and she had not abused her children, but was concerned for
their wellbeing. Upon reviewing the record and briefs of the parties, we conclude this appeal is
without merit. Accordingly, we summarily affirm the decision of the circuit court. See
Rule 5A:27.
We view the evidence in the light most favorable to the prevailing party below and grant to
it all reasonable inferences fairly deducible therefrom. See Logan v. Fairfax Cnty. Dep’t of Human
* Pursuant to Code § 17.1-413, this opinion is not designated for publication. Dev., 13 Va. App. 123, 128, 409 S.E.2d 460, 462 (1991). So viewed, the evidence proved that the
three oldest of Beard’s five children, N., M., and C., were removed from Beard’s care on April 23,
2007 due to sexual abuse of N. by Radosinovich, the father of M. and C.1 On May 30, 2007 and
June 27, 2007, the Halifax County Juvenile and Domestic Relations District Court adjudicated that
N. was sexually abused and found that M. and C. were at risk for abuse.
N., M., and C. were placed with their maternal grandmother in another state. On February
11, 2008, at the grandmother’s request, N., M., and C. returned to Virginia and were placed in foster
homes. Beard completed services, including parenting classes, mental health evaluation and
counseling, and education on sexual abuse, sexual abusers, and sexual victims. On November 5,
2008, Beard regained custody of N., M., and C. The orders returning custody to Beard prohibited
contact between the children and Radosinovich.
On October 26, 2007 and July 21, 2009, appellant gave birth to B. and I., and it was later
determined that Radosinovich was their father. The younger child was conceived after
Radosinovich was adjudicated as having sexually abused N., while court orders prohibited contact
between the children and Radosinovich, after Beard completed sexual abuse counseling where she
expressed one hundred percent belief that Radosinovich sexually abused her children, and after
Beard disavowed any contact with Radosinovich.
In the spring of 2009, Radosinovich was seen at the children’s residence. DSS moved to
amend the child protective order for N. and the permanency planning orders for M. and C. to
prohibit Radosinovich from entering the property where the children resided even when the children
were not present. Beard attended the hearings on the motions and was present when the orders were
made final.
1 N.’s first report of sexual abuse occurred when he was four years old. When N. was seven years old, he reported that Radosinovich sexually abused N. and C. N. was eleven years old and C. was six years old at the time of the termination hearing. -2- In September 2010, the school behavior of M. and C. deteriorated. On September 30, 2010,
a social worker found Radosinovich hiding in a bed in Beard’s residence while the youngest child
was home. According to Beard’s friend who lived in Beard’s residence for a number of days,
Radosinovich had been staying in Beard’s residence, he had been left alone with the children, and
he had bathed two of the boys. Beard permitted Radosinovich to sleep in her bed while I. was in the
bed. All five children were removed from Beard’s residence. Beard was convicted of violating the
protective order prohibiting Radosinovich’s contact with and presence in the residence of the
children.
After the initial removal of N., M., and C. from Beard’s residence in 2007, Dr. James
Anderson, a clinical psychologist, evaluated Beard. Dr. Anderson found that Beard had a
personality disorder with narcissistic tendencies, which gave her a guarded prognosis.
Dr. Anderson found that Beard focused on her own needs and feelings and she tended to rely on
others for attention and affection, which made it difficult for her to make appropriate decisions
about relationships. Based upon Dr. Anderson’s recommendations, Beard attended sexual
victim/offender education. Beard received individual counseling sessions with a mental health
therapist and certified sex offender treatment provider. Beard learned the behaviors frequently
found in sexual abuse victims and that her children displayed all of the behaviors. At the
termination hearing, when asked about the risk that Beard would be unsuccessful at protecting her
children from a known sexual abuser, Dr. Anderson testified the “best predictor of behavior is
relevant past behavior, I would have a lot or concerns about the risk in this case.” Dr. Anderson
testified he could not suggest any additional services.
In addition to sexual abuse education and individual counseling, Beard was provided with
domestic violence counseling, in-home counseling for the family, individual counseling for some of
the children, school services for the children, daycare, payment of utility bills, infant and toddler
-3- services, Healthy Family services, immunizations, Medicaid, WIC, TANF, food stamps, and
transportation. After custody was returned to Beard in 2008, she did not complete the financial
intake for infant and toddler services, she canceled or failed to make appointments for Medicaid and
for immunizations for the children, and she missed appointments for mental health counseling,
TANF, daycare, food stamps, WIC, and school services.
At the termination hearing, DSS presented extensive evidence of the children’s behaviors,
which were consistent with behaviors of sexual abuse victims and attachment disorder. While in
foster care, the children receive mental health services and medical services and have made
progress.
Beard testified she married Michael Poling on July 25, 2011. Beard testified Radosinovich
told her that he did not sexually abuse the children and she believed him. Beard testified her
opinion changed and she now believed that Radosinovich should not be around the children. Beard
agreed that the children exhibited signs of being sexual abuse victims prior to her allowing
Radosinovich back into her residence. Beard agreed that she conceived I. after the court entered the
order barring contact between Radosinovich and the children. Beard admitted she permitted
Radosinovich in her house after the court entered the order barring him from the house even when
the children were not present. On cross-examination, Beard testified she was not positive
Radosinovich sexually abused the children.
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COURT OF APPEALS OF VIRGINIA
Present: Judges Humphreys, Huff and Senior Judge Clements
BRANDY NICOLE BEARD MEMORANDUM OPINION * v. Record No. 2529-11-2 PER CURIAM AUGUST 7, 2012 HALIFAX COUNTY DEPARTMENT OF SOCIAL SERVICES
FROM THE CIRCUIT COURT OF HALIFAX COUNTY Joel C. Cunningham, Judge
(Brendan U. Dunning; Law Office of Brendan U. Dunning, P.C., on brief), for appellant.
(Carol B. Gravitt; Gravitt & Gravitt, P.C., on brief), for appellee.
(Tracy L. Quackenbush; Law Office of Tracy L. Quackenbush, PLC, on brief), Guardian ad litem for the infant children.
Brandy Nicole Beard appeals the termination of her parental rights to her five children
pursuant to Code § 16.1-283(C)(2). Beard argues the trial court erred in terminating her parental
rights to her children based upon her allowing contact between the children and Michael
Radosinovich. She also argues she availed herself to services offered by Halifax County
Department of Social Services (DSS) and she had not abused her children, but was concerned for
their wellbeing. Upon reviewing the record and briefs of the parties, we conclude this appeal is
without merit. Accordingly, we summarily affirm the decision of the circuit court. See
Rule 5A:27.
We view the evidence in the light most favorable to the prevailing party below and grant to
it all reasonable inferences fairly deducible therefrom. See Logan v. Fairfax Cnty. Dep’t of Human
* Pursuant to Code § 17.1-413, this opinion is not designated for publication. Dev., 13 Va. App. 123, 128, 409 S.E.2d 460, 462 (1991). So viewed, the evidence proved that the
three oldest of Beard’s five children, N., M., and C., were removed from Beard’s care on April 23,
2007 due to sexual abuse of N. by Radosinovich, the father of M. and C.1 On May 30, 2007 and
June 27, 2007, the Halifax County Juvenile and Domestic Relations District Court adjudicated that
N. was sexually abused and found that M. and C. were at risk for abuse.
N., M., and C. were placed with their maternal grandmother in another state. On February
11, 2008, at the grandmother’s request, N., M., and C. returned to Virginia and were placed in foster
homes. Beard completed services, including parenting classes, mental health evaluation and
counseling, and education on sexual abuse, sexual abusers, and sexual victims. On November 5,
2008, Beard regained custody of N., M., and C. The orders returning custody to Beard prohibited
contact between the children and Radosinovich.
On October 26, 2007 and July 21, 2009, appellant gave birth to B. and I., and it was later
determined that Radosinovich was their father. The younger child was conceived after
Radosinovich was adjudicated as having sexually abused N., while court orders prohibited contact
between the children and Radosinovich, after Beard completed sexual abuse counseling where she
expressed one hundred percent belief that Radosinovich sexually abused her children, and after
Beard disavowed any contact with Radosinovich.
In the spring of 2009, Radosinovich was seen at the children’s residence. DSS moved to
amend the child protective order for N. and the permanency planning orders for M. and C. to
prohibit Radosinovich from entering the property where the children resided even when the children
were not present. Beard attended the hearings on the motions and was present when the orders were
made final.
1 N.’s first report of sexual abuse occurred when he was four years old. When N. was seven years old, he reported that Radosinovich sexually abused N. and C. N. was eleven years old and C. was six years old at the time of the termination hearing. -2- In September 2010, the school behavior of M. and C. deteriorated. On September 30, 2010,
a social worker found Radosinovich hiding in a bed in Beard’s residence while the youngest child
was home. According to Beard’s friend who lived in Beard’s residence for a number of days,
Radosinovich had been staying in Beard’s residence, he had been left alone with the children, and
he had bathed two of the boys. Beard permitted Radosinovich to sleep in her bed while I. was in the
bed. All five children were removed from Beard’s residence. Beard was convicted of violating the
protective order prohibiting Radosinovich’s contact with and presence in the residence of the
children.
After the initial removal of N., M., and C. from Beard’s residence in 2007, Dr. James
Anderson, a clinical psychologist, evaluated Beard. Dr. Anderson found that Beard had a
personality disorder with narcissistic tendencies, which gave her a guarded prognosis.
Dr. Anderson found that Beard focused on her own needs and feelings and she tended to rely on
others for attention and affection, which made it difficult for her to make appropriate decisions
about relationships. Based upon Dr. Anderson’s recommendations, Beard attended sexual
victim/offender education. Beard received individual counseling sessions with a mental health
therapist and certified sex offender treatment provider. Beard learned the behaviors frequently
found in sexual abuse victims and that her children displayed all of the behaviors. At the
termination hearing, when asked about the risk that Beard would be unsuccessful at protecting her
children from a known sexual abuser, Dr. Anderson testified the “best predictor of behavior is
relevant past behavior, I would have a lot or concerns about the risk in this case.” Dr. Anderson
testified he could not suggest any additional services.
In addition to sexual abuse education and individual counseling, Beard was provided with
domestic violence counseling, in-home counseling for the family, individual counseling for some of
the children, school services for the children, daycare, payment of utility bills, infant and toddler
-3- services, Healthy Family services, immunizations, Medicaid, WIC, TANF, food stamps, and
transportation. After custody was returned to Beard in 2008, she did not complete the financial
intake for infant and toddler services, she canceled or failed to make appointments for Medicaid and
for immunizations for the children, and she missed appointments for mental health counseling,
TANF, daycare, food stamps, WIC, and school services.
At the termination hearing, DSS presented extensive evidence of the children’s behaviors,
which were consistent with behaviors of sexual abuse victims and attachment disorder. While in
foster care, the children receive mental health services and medical services and have made
progress.
Beard testified she married Michael Poling on July 25, 2011. Beard testified Radosinovich
told her that he did not sexually abuse the children and she believed him. Beard testified her
opinion changed and she now believed that Radosinovich should not be around the children. Beard
agreed that the children exhibited signs of being sexual abuse victims prior to her allowing
Radosinovich back into her residence. Beard agreed that she conceived I. after the court entered the
order barring contact between Radosinovich and the children. Beard admitted she permitted
Radosinovich in her house after the court entered the order barring him from the house even when
the children were not present. On cross-examination, Beard testified she was not positive
Radosinovich sexually abused the children.
In terminating Beard’s parental rights, the trial court found that Radosinovich sexually
abused N. and C. The trial court found that after entry of the order prohibiting Radosinovich in the
residence where the children lived, Beard allowed Radosinovich in the residence and permitted him
to sleep in her bed with I. The trial court found that the children were traumatized from the sexual
abuse by Radosinovich, they showed clear signs of sexual abuse, and they require and will continue
to require special attention and counseling. The trial court found that although Beard may love her
-4- children, she was more concerned about herself and she failed to protect her children, she failed to
make applications for services, she failed to use DSS services, daycare, TANF, and WIC, and she
failed to make sure the children received the required immunizations. The trial court found that the
children have made progress, but it has been a slow and fragile progress, and it was in the best
interests of the children to terminate Beard’s parental rights.
Code § 16.1-283(C)(2) provides that the residual parental rights of a parent of a child
found by the court to be neglected or abused and placed in foster care may be terminated if clear
and convincing evidence proves that it is in the best interests of the child and that:
The parent or parents, without good cause, have been unwilling or unable within a reasonable period of time not to exceed twelve months from the date the child was placed in foster care to remedy substantially the conditions which led to or required continuation of the child’s foster care placement, notwithstanding the reasonable and appropriate efforts of social, medical, mental health or other rehabilitative agencies to such end. Proof that the parent or parents, without good cause, have failed or been unable to make substantial progress towards elimination of the conditions which led to or required continuation of the child’s foster care placement in accordance with their obligations under and within the time limits or goals set forth in a foster care plan filed with the court or any other plan jointly designed and agreed to by the parent or parents and a public or private social, medical, mental health or other rehabilitative agency shall constitute prima facie evidence of this condition. The court shall take into consideration the prior efforts of such agencies to rehabilitate the parent or parents prior to the placement of the child in foster care.
“[S]subsection C requires the court to determine whether the parent has been unwilling or
unable to remedy the problems during the period in which he has been offered rehabilitation
services.” Toms v. Hanover Dep’t of Soc. Servs., 46 Va. App. 257, 271, 616 S.E.2d 765, 772
(2005).
The trial judge’s findings, “‘when based on evidence heard ore tenus, will not be
disturbed on appeal unless plainly wrong or without evidence to support it.’” Logan, 13
Va. App. at 128, 409 S.E.2d at 463 (quoting Peple v. Peple, 5 Va. App. 414, 422, 364 S.E.2d -5- 232, 237 (1988)). It is well settled that “[w]hen addressing matters concerning a child . . . the
paramount consideration of a trial court is the child’s best interests.” Id.
Uncontroverted evidence showed that despite sexual abuse counseling where Beard learned
the signs of sexual abuse, Beard continued to allow Radosinovich to interact with the children, she
failed to protect her children from him, and she continued to have a sexual relationship with him.
Despite a court order prohibiting Radosinovich from being in the residence, Beard permitted
Radosinovich to sleep at the residence, left him alone with the children, permitted him to bathe
children he had sexually abused, and permitted him to sleep in the same bed with I.
DSS provided sexual abuse counseling and mental health counseling and offered several
services for assistance with food, medical care, and daycare for the children, but Beard failed to
follow through with the offered services. According to Dr. Anderson, Beard has a personality
disorder with narcissistic tendencies, which gives her a guarded prognosis. Dr. Anderson found that
Beard focuses on her own needs and feelings and she tends to rely on others for attention and
affection, which makes it difficult for her to make appropriate decisions about relationships. After
Beard attended the treatment recommended by Dr. Anderson, Beard continued to permit
Radosinovich to be with the children and she failed to protect the children. Dr. Anderson could not
recommend any additional treatments for Beard. Although at the time of the termination hearing
Beard was married and testified Radosinovich was no longer in her life, she permitted Radosinovich
to remain or to re-enter the lives of her children after a report of sexual abuse and, after she received
sexual abuse counseling, she permitted him in the residence despite a court order barring him, and
she permitted him to be alone with the children. “‘[P]ast actions and relationships over a
meaningful period serve as good indicators of what the future may be expected to hold.’” Linkous
v. Kingery, 10 Va. App. 45, 56, 390 S.E.2d 188, 194 (1990) (quoting Frye v. Spotte, 4 Va. App.
530, 536, 359 S.E.2d 315, 319 (1987)).
-6- DSS provided numerous services to Beard and Beard did participate in the services, but after
the children were returned to her in 2008, she did not complete the financial intake for infant and
toddler services, she canceled or failed to make appointments for Medicaid and for immunizations
for the children, and she did not follow through or missed appointments for mental health
counseling, for medications for the children, for TANF, for daycare, for food stamps, for WIC, and
for school services. “It is clearly not in the best interests of a child to spend a lengthy period of
time waiting to find out when, or even if, a parent will be capable of resuming his
responsibilities.” Kaywood v. Halifax County Dep’t of Soc. Serv., 10 Va. App. 535, 540, 394
S.E.2d 492, 495 (1990).
DSS presented clear and convincing evidence to support the termination of Beard’s parental
rights pursuant to Code § 16.1-283(C)(2), and the trial court did not err in doing so.
Affirmed.
-7-