Toombs v. LYNCHBURG DIVISION OF SOC. SERV.

288 S.E.2d 405
CourtSupreme Court of Virginia
DecidedMarch 12, 1982
DocketRecord No. 801403
StatusPublished
Cited by34 cases

This text of 288 S.E.2d 405 (Toombs v. LYNCHBURG DIVISION OF SOC. SERV.) 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
Toombs v. LYNCHBURG DIVISION OF SOC. SERV., 288 S.E.2d 405 (Va. 1982).

Opinion

288 S.E.2d 405 (1982)

William Allen TOOMBS, et al.
v.
LYNCHBURG DIVISION OF SOCIAL SERVICES.

Record No. 801403.

Supreme Court of Virginia.

March 12, 1982.

J. Barrett Jones, Lynchburg, for appellants.

Walter C. Erwin, III, Asst. City Atty., Sherwood S. Day, Guardian ad litem, for appellee.

*406 Before CARRICO, C. J., COCHRAN, COMPTON, THOMPSON and STEPHENSON, JJ., and HARRISON, Retired Justice.

CARRICO, Chief Justice.

This appeal by William Allen Toombs and Glenda Carol Toombs challenges final orders entered pursuant to Code § 16.1-283(C)(2).[1] The orders terminated the Toombs' residual parental rights to three minor children and authorized the Lynchburg Division of Social Services to place the children for adoption.

A girl and two boys, all under the age of nine, are the subjects of this controversy. The children were entrusted to the Division by the mother on September 10, 1976, after she had attempted suicide earlier in the day. The Division placed the children in a foster-care home. At the time, the parents were separated and the father was incarcerated in the Lynchburg City Jail awaiting trial on a charge of "Grand Larceny by check." He was sentenced later to a term in the penitentiary.

The entrustment agreement was in effect six months, and on March 9, 1977, after a court hearing, the Division was awarded temporary custody of the children. This change in custody was ordered because the mother was not "any better able" to care for the children.

The mother had been a patient of the Central Virginia Mental Health Clinic since 1971. Diagnosed as suffering from "borderline mental retardation" and "schizoid personality disorder," she was hospitalized on at least one occasion. In addition, she received psychotherapy at the clinic and was given medication for home consumption; at times, she took dosages greater than prescribed.

In July, 1977, the father was released from prison, and he returned to live with the mother. The Division worked with him "towards a goal of returning the children," but the efforts were hampered because the parents moved often "from county to county," the father changed jobs frequently, and he remained unemployed for protracted periods.

In a further effort to prepare for the children's return, the Division and the parents entered into a written agreement in mid-1978. The agreement required the parents to obtain suitable living accommodations, secure adequate means of support or income, and provide a babysitter so the children would not be left alone with the mother.

The Division offered the parents counseling services, aid in obtaining food stamps and social security benefits, and transportation of the mother to the mental health clinic and other medical appointments. In addition, the Division attempted repeatedly to have the father obtain a psychological evaluation. A social worker made appointments for him and offered him transportation, but he resisted belligerently all efforts to have him examined. The father also discouraged the mother's visits to the mental health clinic and attempted to dissuade her from taking the medication prescribed for her.

Although the parents were permitted to visit the children both in the foster home and in their own home, they exercised this privilege infrequently. At times, the parents failed to keep appointments for visitation and neglected to cancel them. After *407 the children were entrusted to the Division in 1976, the father contributed nothing toward their support.

In August, 1979, the Division concluded that the parents "would not ... ever be able to offer [the children] a stable, secure home with ... continuity of care." The present petitions were then filed in juvenile and domestic relations district court. Thereupon, the Division terminated the parents' visitation with the children. The parents moved the court to order resumption of visitation, but the motion was denied. By orders entered December 21, 1979, the court terminated the parents' residual rights and authorized the Division to place the children for adoption.

The parents appealed to the circuit court, where they moved for reasonable visitation rights and for an independent background investigation by John Turner, a family therapist. The court denied the motion for visitation, but ordered an investigation by Turner. He filed a written report and testified for the Division in the hearing below.

Turner recommended termination of parental rights. He based his recommendation on the length of time the children had been away from their natural parents, the infrequency of parental visitation, and the ages of the children. The witness stated that there was very little, if any, "psychological attachment ... between the natural parents and the children." The natural parents, Turner continued, would "constitute psychological strangers at this point [in] time."

Turner also based his recommendation on the fact that the natural parents did not have the capacity to maintain the type of relationship with the children "that is necessary to promote ... good healthy emotions and psychological growth." Turner said the children suffered a "developmental blank and ... had a very rough time all the while they were living with their natural parents."

Turner complained that, because of the parents' uncooperative attitude, he had experienced "some difficulty" observing the "interaction between the natural parents and the children to determine [their] psychological attachment." Consequently, the court continued the matter so Turner could make a further evaluation of the situation. When the case returned to court ten days later, Turner testified he had observed the parents with the children and had talked individually with each child. He stated it was his opinion that the children "should not be returned to the parents at this point [or] at any point in the future."

On June 6, 1980, the court entered orders reciting that termination of residual parental rights was in the children's best interests and that the parents, "without good cause, have 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, and mental health or other rehabilitative agencies to such end." The orders terminated "all residual parental rights" and authorized the Division to place the children for adoption.

In their principal contention, the parents argue that the trial court should not have terminated their parental rights "after they had been denied visitation with their children" for the eight months between the time the petitions were filed in juvenile court and the date the case was heard in circuit court. The parents submit that Code § 16.1-283(C)(2), applicable here, requires social service agencies to assist parents in remedying the conditions which cause foster care placement; accordingly, the statute should be interpreted to forbid an agency's reliance thereon in termination proceedings when the agency itself has taken action, such as the Division took here, that tends to worsen conditions "allegedly militating in favor of termination."

The parents would have us read § 16.1-283(C)(2) to require parental visitation in every case where a social service agency assumes responsibility for the foster care of a child.

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Bluebook (online)
288 S.E.2d 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toombs-v-lynchburg-division-of-soc-serv-va-1982.