Father’s Rights Terminated After Three Years

The Court of Appeals summarily affirms termination of father’s rights to his child under Va. Code § 16.2-283(C)(1) and (2): the child is doing well after three years in foster care; father is unable to follow through on remedial actions, missed visitation and incurred criminal convictions for domestic violence and marijuana distribution as well as a trespassing charge.

In April 2010, the local department of social services (DSS) took custody of six-year old child after a physical abuse complaint against father who lived with child and his girlfriend at his parents’ home.  The juvenile and domestic relations district (JDR) court found child abused or neglected.  An initial plan for child’s return was changed to relative placement after father failed to cooperate with a senior DSS worker on additional therapy; she opined he did not benefit from classes he completed on parenting and domestic violence and missed two scheduled visitations.  She stated she notified father by letter the DSS would pay for additional therapy.  The plan was changed to adoption after two relatives failed to follow through and one was not approved.  In 2012, father was convicted of domestic violence and marijuana distribution; he had five addresses and eight jobs in a three year period.  A special advocate stated father is hostile and blamed DSS for his problems; she stated he was barred from an apartment complex for a year trespassing.   The trial court terminated father’s rights and instructed DSS to proceed with permanent placement plans.

On appeal, father disputes the sufficiency of evidence he caused the conditions requiring foster care and that the plan goal should change to permanent placement.  We affirm. In termination proceedings, the child’s best interests are the paramount concern.  The record evidence supports the trial court terminating father’s rights under  Va. Code §§ 16.2-283(C)(1) and (2).  Father failed to maintain contact, missed two scheduled visitations, did not complete recommended therapy and was unable to follow through on plans for improvement. He did not maintain stable employment and housing and committed criminal offenses.  Past behavior is a good predictor of the future.  A special advocate testified child is doing well in foster care.  Judgment affirmed.

Martinez v. Portsmouth Dep’t of Social Servs. (Per Curiam) No. 7939-13-1, Sept. 24, 2013; Portsmouth Cir. Ct. (Morrison) Barrett R. Richardson for appellant; George M. Wilson for appellee; Alvin M. Whitley, GAL. VLW 013-7-246(UP), 7 pp.