Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District

CourtCourt of Appeals of Virginia
DecidedOctober 16, 2018
Docket0097183
StatusUnpublished

This text of Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District (Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District) 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
Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District, (Va. Ct. App. 2018).

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judges Decker, Malveaux and Senior Judge Annunziata UNPUBLISHED

AMBROSIA de JESUS MARTINEZ, S/K/A AMBROSIA MARTINEZ de JESUS

v. Record No. 0090-18-3

HARRISONBURG ROCKINGHAM SOCIAL SERVICES DISTRICT

PASCUAL MARTINEZ FLORES, S/K/A PASCUAL MARTINEZ-FLORES

v. Record No. 0097-18-3

PASCUAL MARTINEZ FLORES, S/K/A PASCUAL MARTINEZ-FLORES MEMORANDUM OPINION* v. Record No. 0578-18-3 PER CURIAM OCTOBER 16, 2018 HARRISONBURG ROCKINGHAM SOCIAL SERVICES DISTRICT

v. Record No. 0579-18-3

v. Record No. 0580-18-3

* Pursuant to Code § 17.1-413, this opinion is not designated for publication. FROM THE CIRCUIT COURT OF ROCKINGHAM COUNTY Bruce D. Albertson, Judge

(Tania L. Perez Rodriguez; John Elledge & Associates, on brief), for appellant Ambrosia de Jesus Martinez, s/k/a Ambrosia Martinez de Jesus. Appellant submitting on brief.

(Roland M. L. Santos, on brief), for appellant Pascual Martinez Flores, s/k/a Pascual Martinez-Flores. Appellant submitting on brief.

(Kim Van Horn Gutterman, Assistant County Attorney; Sherwin John Jacobs, Guardian ad litem for the minor children, on briefs), for appellee. Appellee and Guardian ad litem submitting on briefs.

Ambrosia de Jesus Martinez, s/k/a Ambrosia Martinez de Jesus, (mother) and Pascual

Martinez Flores, s/k/a Pascual Martinez-Flores, (father) are appealing the orders terminating

their parental rights and approving the foster care goal of adoption. Mother argues that the

circuit court erred in finding that the Harrisonburg Rockingham Social Services District (the

Department) “presented clear and convincing evidence that terminating mother’s parental rights

was appropriate and in [the children’s] best interest pursuant to Va. Code Ann. § 16.1-283.”

Father argues that the circuit court erred in finding that he “did not remedy substantially the

conditions which led to the removal of the children under Va. Code Ann. § 16.1-283(C) when

the evidence revealed that [father and mother] completed most of the tasks assigned to them

pursuant to the foster care plan.” Upon reviewing the record and briefs of the parties, we conclude

that the circuit court did not err. Accordingly, we affirm the decision of the circuit court.

BACKGROUND

“On appeal, ‘we view the evidence and all reasonable inferences in the light most

favorable to the prevailing party below, in this case the Department.’” Farrell v. Warren Cty.

Dep’t of Soc. Servs., 59 Va. App. 375, 386, 719 S.E.2d 329, 334 (2012) (quoting Jenkins v.

Winchester Dep’t of Soc. Servs., 12 Va. App. 1178, 1180, 409 S.E.2d 16, 18 (1991)).

-2- Mother and father are the biological parents to E. and A., who are the subject of this appeal,

as well as K. and C.1 Mother and father are from Oaxaca, Mexico. Their primary language is an

indigenous dialect, Triqui; however, they also can communicate in Spanish.

From April 2010 until January 2016, the Department and neighboring Shenandoah County

Department of Social Services (Shenandoah County DSS) received a total of seventeen complaints

regarding the parents and the children.2 The complaints included allegations of physical abuse,

inadequate shelter, lack of food, hygiene problems, lack of supervision, bizarre discipline, and

medical neglect. The physical abuse and bizarre discipline complaints concerned E. and involved

incidents in which E. had bruises, scratches, and a black eye.3 One of the complaints, in June 2011,

resulted in father pleading guilty to assault and battery against E. Over the years, the Department

had entered into safety plans with the family, and father had agreed not to use corporal punishment.

The safety plans were written in “very simple Spanish,” so the parents could understand. The

Department offered information to the family about the food pantry, English classes, and the PEAS

parenting class. The family received services for C., including a home health care nurse and a

hospice nurse. However, the home health aide stopped coming to the house after father had locked

her inside in January 2013, and the parents later stopped allowing the hospice nurse into the house.

The Shenandoah County DSS offered services to E., such as counseling, medication management,

case management, therapeutic day treatment, and mentoring. The parents declined parenting

1 K. is the oldest child and lives with her grandmother in Mexico. C. was born with Niemann-Pick disease, Type C, and died, at the age of three, in 2014. 2 In 2010, the family lived in Rockingham County, and by the time of the February 9, 2012 complaint, they had moved to Shenandoah County. They moved back to Rockingham County sometime between December 16, 2013 and July 28, 2015, when the Department received the next complaint. 3 The hygiene and medical neglect complaints concerned C. -3- education classes, and the Department was “unclear” as to what services the Shenandoah County

DSS offered to the parents to address the physical abuse issues.

On January 7, 2016, the Department received the seventeenth complaint, which alleged that

E. was being physical abused. E. reported that “a big fat guy recently moved in” and that E. had to

sleep on the floor. E. stated that “he was sleeping and the big fat guy came and ripped the blanket

off of him and hit him with a belt on his legs and near his groin area.” E. said that his mother

became angry, told him to get in the shower, and hit him repeatedly with a shoe. Next, E. said that

the “big fat guy turned the water all the way up and put him in the shower with his clothes on,” and

mother was angry at E. for using all of the hot water. On January 14, 2016, E. refused to speak with

the social worker because he was worried that his parents would be angry if he talked with her. On

February 17, 2016, the social worker met with mother and father, and father reported that A. was

good and listened, unlike E. Father reported that E. was “not right in the head,” and father did not

know “what to do because he [could not] hit him [E.] anymore because the agency had indicated he

could not.” On February 18, 2016, father told the principal at E.’s school that E. was a liar and not

to call social services every time E. says something. On March 15, 2016, the Department filed a

petition for an emergency removal of E. and A. At the time of the removal, E. was ten years old,

and A. was three years old.

On March 15, 2016, the Harrisonburg Rockingham Juvenile and Domestic Relations

District Court (the JDR court) entered emergency removal orders for E. and A. The JDR court

adjudicated that E. and A. were abused or neglected and entered dispositional orders on August 10,

2016. The parties stipulated to the facts for the abuse and neglect and how the children came into

foster care.

Initially, E. and A. were placed in the same foster home, but in order to better address his

behavioral and emotional needs, the Department moved E. to Childhelp, a residential treatment

-4- center, on April 19, 2016. In February 2017, E. was discharged from Childhelp and placed in a

different foster home.

While the children were in foster care, the Department required mother and father to “accept

their role in the removal of the children and acknowledge the need for increasing their parental

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