Harris v. Lynchburg Division of Social Services

288 S.E.2d 410, 223 Va. 235, 1982 Va. LEXIS 196
CourtSupreme Court of Virginia
DecidedMarch 12, 1982
DocketRecord No. 802043; Record No. 802047
StatusPublished
Cited by4 cases

This text of 288 S.E.2d 410 (Harris v. Lynchburg Division of Social Services) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Lynchburg Division of Social Services, 288 S.E.2d 410, 223 Va. 235, 1982 Va. LEXIS 196 (Va. 1982).

Opinion

CARRICO, C.J.,

delivered the opinion of the Court.

Lorene P. Harris and Eli Woodson are the unmarried parents of Eli Woodson Harris, born September 5, 1976, and Gwendolyn Darshella Harris, born July 24, 1977. Upon the petitions of the Lynchburg Division of Social Services and pursuant to Code § 16.1-283(C)(2),1 the trial court terminated Harris’ and Wood-son’s residual parental rights and authorized the Division to place the children for adoption. Harris and Woodson were granted separate appeals.

Harris is the mother of two other children, Moncil and Rayneil, both older than Eli and Gwen. Harris’ parental rights to Moncil were terminated in January, 1977. Rayneil, acknowledged by Woodson as his child, was placed in the custody of Woodson’s mother pursuant to court order, and the child remained there at the time of the hearing in the trial court.2

On January 17, 1977, young Eli was hospitalized, suffering from pneumonia and a “failure to thrive.” Upon his release, he [239]*239was placed in a foster home. On February 7, he was committed to the Division. On April 1, he was returned to his mother on a trial basis. After the Division received and substantiated two “protective service complaints,” both Eli and Gwen were removed from the mother’s home in October, 1977. The children were placed in foster care, where they have remained since.

Both before and after this placement, and especially during the autumn of 1976 and the winter of 1977, the Division provided extensive services to Harris. These services included job training, job placement, and referrals and transportation to community and charitable agencies and organizations. While some of these services were not repeated in 1978, the Division continued to assist Harris in solving food, fuel, and housing problems and in referring her to “ecumenical [and] charitable organizations.” The Division concentrated its efforts upon helping Harris establish a stable home so the children could be returned to her.

Harris was unemployed while the children were in her custody; her only source of income was a monthly check of $158 for aid to dependent children. After Eli and Gwen were removed from Harris’ home, she held a variety of jobs, including work as a kitchen helper, in an effort to improve her financial situation.

The Division arranged for visitation between Harris and the children, but there were “numerous problems,” including Harris’ failure to keep appointments for visits. At times, the Division provided food and fuel so the children could visit Harris in her home. Initially, Harris visited the children sporadically, but she began in March, 1978, to visit them once a month.

In August, 1978, Harris was arrested and charged with assaulting a police officer and resisting arrest. Subsequently, she was convicted and sentenced to a term of five years in prison. She still was incarcerated at the time of the hearing in the trial court, but her application for parole was scheduled for consideration in two months.

While in prison, Harris worked in the prison laundry and as a key punch operator. She obtained a “General Educational Development Diploma” and a “Certificate in Secretarial Science.” She corresponded frequently with the social worker assigned to her children, inquiring about their well-being and sending them messages on holidays and birthdays. At her request, the children visited her in prison once in 1979 and three times in 1980. She [240]*240planned to establish normal parental relations with the children upon her release.

Meanwhile, on October 1, 1978, Woodson had been committed to jail for a misdemeanor. While in jail, he did not contact his children or inquire about them. Following his release in April, 1979, he obtained regular employment at a Holiday Inn and began making payments to his mother for the support of his daughter Rayneil. For a time he lived alone, but he later moved in with his mother, and Rayneil has “prospered” in their care.

On February 5, 1980, Woodson was contacted by the Division with respect to the termination of his parental rights to Eli and Gwen. Prior to that time, he was not aware that he had any rights to the children, and he had not attempted to visit them. Nor had he ever contributed to their support. After the Division’s contact, Woodson began visiting the children, and he established and made regular contributions to savings accounts for them. While the children did not regard Woodson as their “psychological parent” and were “distant” initially, his relationship with them improved steadily.

On March 19, 1980, upon petitions filed by the Division, the juvenile and domestic relations district court entered orders terminating Harris’ and Woodson’s residual parental rights to Eli and Gwen and authorizing the Division to place the children for adoption. Woodson opposed termination and appealed the juvenile court’s orders. While the appeal was pending, he continued to visit the children, and he contributed $210 toward their support.

Harris also opposed termination and appealed the juvenile court’s orders. Following a hearing, the circuit court entered orders on September 23, 1980, reciting that termination of parental rights was in the children’s best interests and that the parents, within the meaning of Code § 16.1-283(C)(2) and “without good cause, [had] been unwilling or unable within a reasonable period to remedy substantially the conditions which led to [the children’s] foster care placement, notwithstanding the reasonable and appropriate efforts of social, medical, mental health or other rehabilitative agencies to such end.”

Citing our 1975 decision in Rocka v. Roanoke Co. Dep’t of Welfare, 215 Va. 515, 211 S.E.2d 76 (1975), Harris and Woodson both contend that their residual parental rights cannot be ter[241]*241minated absent a specific finding of parental unfitness.3 They say the trial court made no such finding with respect to either parent, but merely found the existence of the factors listed in § 16.1-283(C)(2). Nothing in this new Code section, Harris and Wood-son maintain, alters the Rocka requirement.

We disagree. In a related case decided today, we held that the enactment of § 16.1-28 3 (C)(2) eliminated the necessity for a specific finding of parental unfitness in termination proceedings between parents and social agencies. A finding that the factors listed in § 16.1-283(C)(2) exist, we said, is tantamount to a finding of parental unfitness. Knox v. Lynchburg Div. of Soc. Serv., 223 Va. 213, 220, 228 S.E.2d 399, 403 (1982). See also Toombs v. Lynchburg Div. of Soc. Serv., 223 Va. 225, 232 n.2, 228 S.E.2d 405, 409 n.2 (1982).

Both Harris and Woodson contend next that the orders terminating their parental rights are unsupported by the clear and convincing evidence required by § 16.1-283(C)(2). Their arguments on this point diverge, however, and will be treated separately.

Harris argues that the evidence does not support the trial court’s findings that she was unwilling or unable, without good cause and despite the assistance of rehabilitative agencies, to remedy the conditions that led to Eli’s and Gwen’s placement in foster care. Rather, Harris says, the evidence displays a “sustained level of cooperation with the Division . . .

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Related

Ferguson v. Stafford County Department of Social Services
417 S.E.2d 1 (Court of Appeals of Virginia, 1992)
Barkey v. COM., ALEXANDRIA DEPT. HUM. SERV.
347 S.E.2d 188 (Court of Appeals of Virginia, 1986)
Harris v. LYNCHBURG DIVISION OF SOC. SERV.
288 S.E.2d 410 (Supreme Court of Virginia, 1982)

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288 S.E.2d 410, 223 Va. 235, 1982 Va. LEXIS 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-lynchburg-division-of-social-services-va-1982.