Domestic Relations – Termination Of Parental Rights – Age Of Discretion

Deborah Elkins//January 11, 2010

A trial court did not err in finding sufficient evidence to terminate a mother’s parental rights under either Va. Code § 16.1-283(B)(2) and (E), nor did the court abuse its discretion by determining the mother’s child who was under 14 years of age, was not of the age of discretion under Va. Code § 16.1-283(G), the Court of Appeals says.

Mother had a long history of ignoring and permitting the abuse, including sexual abuse, the children suffered at the hands of mother’s boyfriend. She disregarded her daughter’s repeated complaints and made no attempt to stop the abuse or help her children. Based upon the mother’s history, we find no error in the trial court’s decision to terminate mother’s parental rights under Code § 16.1-283(B).

Kelly v. Hopewell Dep’t of Social Servs. (Per Curiam) No. 0426-09-2, Dec. 15, 2009; Hopewell Cir.Ct. (Campbell) John A. Kirkland for appellant; John M. O’Donnell; Christopher B. Ackerman, Rosalyn P. Vergara, GALs. VLW 009-7-523(UP), 6 pp.

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