Stacey Yvette Long v. City of Lynchburg Department of Social Services

CourtCourt of Appeals of Virginia
DecidedAugust 12, 2025
Docket0362253
StatusUnpublished

This text of Stacey Yvette Long v. City of Lynchburg Department of Social Services (Stacey Yvette Long v. City of Lynchburg 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
Stacey Yvette Long v. City of Lynchburg Department of Social Services, (Va. Ct. App. 2025).

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judges Athey, Friedman and Lorish UNPUBLISHED

STACEY YVETTE LONG MEMORANDUM OPINION* v. Record No. 0362-25-3 PER CURIAM AUGUST 12, 2025 CITY OF LYNCHBURG DEPARTMENT OF SOCIAL SERVICES

FROM THE CIRCUIT COURT OF THE CITY OF LYNCHBURG James F. Watson, Judge

(Carlos A. Hutcherson, on brief), for appellant.

(Kathryn Laura Jordan Thomas, Assistant City Attorney; Hellen Perrow Carrington, Guardian ad litem for the minor children, on brief), for appellee.

Stacey Yvette Long (“Long”) appeals the final order of the Circuit Court of the City of

Lynchburg (“circuit court”) terminating her residual parental rights pursuant to Code

§ 16.1-283(B), (C)(2). Long assigns error to the circuit court for failing to determine that the

City of Lynchburg Department of Social Services (“the Department”) provided her reasonable

services or a reasonable period of time in which to remedy the conditions which led to her

children being placed in foster care. Finding no error, we affirm.1

* This opinion is not designated for publication. See Code § 17.1-413(A). 1 Having examined the briefs and record in this case, the panel unanimously agrees that oral argument is unnecessary because “the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument.” See Code § 17.1-403(ii)(c); Rule 5A:27(c). I. BACKGROUND2

Long is the biological mother of two minor children, M.L.3 and J.L. The Department’s

first recorded involvement with Long and her minor children occurred on March 6, 2017. On

that date, the Department discovered—by listening to recorded jail phone calls—that M.L. and

J.L. had been present when Long used a kitchen knife to stab Brian Miller (“Miller”) on

February 19, 2017. The stabbing in the presence of the minor children resulted in Long being

arrested and indicted for malicious wounding. Long admitted that the children were present

during the stabbing and acknowledged the harm visited upon the children. She subsequently

signed a safety plan in which she stated that she would refrain from violence “of any kind.”

Long would later say that she “accidentally stabbed” Miller because she was sleep-deprived and

“did not know [she] had stabbed him.” She also admitted that “it was not the first time I had

gotten a knife.”

The next recorded contact between Long and the Department was on October 7, 2022.

The Department received a report that Long had beaten M.L. after the child walked in on Long

having sex. The report also noted that M.L. had been self-harming as a result of the ordeal.

Relatedly, Miller advised M.L. to hide in a crawl space under Long’s house to avoid the police

coming to investigate. Law enforcement subsequently charged Miller with felony child

2 “On appeal, ‘we view the evidence and all reasonable inferences in the light most favorable to the prevailing party below,’” so we recite the facts in the light most favorable to the Department. Joyce v. Botetourt Cnty. Dep’t of Soc. Servs., 75 Va. App. 690, 695 (2022) (quoting Farrell v. Warren Cnty. Dep’t of Soc. Servs., 59 Va. App. 375, 386 (2012)). The record and briefs in this case were sealed. We unseal only the facts stated in this opinion to resolve the issues presented. Brown v. Va. State Bar ex rel. Sixth Dist. Comm., 302 Va. 234, 240 n.2 (2023). The rest of the record remains sealed. 3 We use initials to protect the minor children’s privacy. -2- endangerment for his actions involving M.L. Long also petitioned for and was granted a

protective order against Miller on October 7, 2022, which included M.L. and J.L.

On October 13, 2022, the Department interviewed M.L. and J.L. while they were at

school. M.L. told the Department that Miller had shown M.L. the October 7, 2022 protective

order and said, “See, this is what your mother is doing to me.” M.L. described her home life as

chaotic because of the physical arguments and altercations that repeatedly took place between

Miller and Long. Both minor children confirmed that they were often present during these

arguments and that Miller and Long “try to involve them in the arguments.”

On October 17, 2022, the Department interviewed Long, who confirmed the history of

domestic violence between her and Miller. Long admitted that her and Miller “fist fight” with

each other and that M.L. and J.L. often witnessed those fights. Long further admitted that she

violated the terms of the protective order because she spoke to Miller on the phone and that the

children did as well. In spite of her violating the protective order, Long told the Department that

she planned to seek to extend the protective order against Miller.

That same day, the Department adopted another safety plan to protect the children. The

safety plan—signed by Long—stated that Long would not allow Miller “to have supervised or

unsupervised contact” with M.L. or J.L. The plan also dictated that Long would “follow the

protective order” that was in place between Long, her children, and Miller, and that if Miller

violated the protective order that Long would call the police. Additionally, Long agreed in the

safety plan to comply with the Department and “any recommended services.”

The next day, October 18, 2022, the Department conducted a home visit at Long’s

residence. Long told the Department that the protective order had been dismissed, but that she

intended to appeal the decision. On October 19, 2022, the Department learned that the previous

night, Miller had come to Long’s residence and smashed the windows and windshield of Long’s -3- car. Long stated that she wanted Miller to leave, but law enforcement could not make Miller

leave the residence because the protective order was no longer in place.

On October 20, 2022, Long admitted the previous night’s events to the Department. To

ensure the safety of the children, the Department requested that Long stay with her sister while

the Department filed for a protective order against Miller. Long declined to do so by claiming

that the taxi trips to and from work from her sister’s home would be too expensive for her. After

the Department offered to compensate her for these trips using an Uber gift card, Long claimed

that she did not know how Uber worked. After the Department explained how to use Uber, Long

still said she did not want to leave her house.

Long then admitted to the Department that she had left M.L. in the care of Miller and that

she did not know where they were.4 The Department then took emergency custody of the

children that same day because of the violations of the safety plan. When the Department came

to take custody of the children, Miller was present in the home with the children. Long told M.L.

that the removal of the children from the home “was all her fault.”

On November 16, 2022, the Juvenile and Domestic Relations District Court of the City of

Lynchburg (“J&DR court”) conducted a hearing regarding the children. In conversations related

to the hearing, the Department reiterated that the ongoing domestic violence in the relationship

between Long and Miller prevented the Department from being able to recommend that the

children return home to Long. Long told the Department that she was going to do “whatever she

needed to do” to have custody of her children and that she was going to “leave” Miller. The

J&DR court found the children to be abused and neglected under Code § 16.1-228 and set a

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