Parent and Child: Record supports abuse or neglect of minor children

Based on the record evidence of domestic violence, drug use, the condition of the home and mother’s mental health diagnoses, the circuit court did not abuse its discretion in finding that the children would have been at substantial risk of harm if returned to mother’s care.

Background

Brandy Smith Funderburg, pro se, appeals the circuit court’s orders adjudicating her minor children abused or neglected and ordering that custody of the children remain with the Harrisonburg Rockingham Department of Social Services.

Abuse/neglect

Mother first contends the evidence proved that she was not a “mental danger” to the children. Therefore, she argues the circuit court erred by ruling that the children were abused or neglected because such ruling “deviates from the facts of the case and presented evidence.” The court disagrees.

The record supports the circuit court’s finding that the children were abused or neglected and that mother presented a danger to the children. The circuit court heard evidence of violence and destruction of property between mother and father in the children’s presence. The circuit court also heard evidence of mother’s marijuana use in the children’s presence, including while driving with the children in her vehicle. The poor condition of the home also put the children at substantial risk. The circuit court also heard evidence of mother’s mental health diagnoses.

Based on the record evidence of domestic violence, drug use, the condition of the home and mother’s diagnoses, this court cannot hold that the circuit court abused its discretion in finding that the children would have been at substantial risk of harm if returned to mother’s care.

Father’s credibility

Mother argues that the circuit court erred by crediting father’s testimony given his “serious personality disorder, predisposition to criminality, manipulation,” and other alleged traits. Here, the record reflects that the circuit court was within its discretion when it weighed father’s credibility.

While discussing the possibility of firearms in the home, the circuit court repeatedly noted father’s status as a convicted felon. Nothing in the record indicates that the circuit court ignored father’s past crime or his diagnosed personality disorder, as mother contends. Because “the credibility of witnesses is quintessentially a matter for the [factfinder] to resolve,” this court cannot say that the court abused its discretion in finding father’s testimony credible.

Grandmother

Mother challenges the circuit court’s finding that grandmother was not a viable custodian option, contending that grandmother was well-equipped to care for the children. On this record, this court finds no error in the circuit court’s finding that grandmother was not a viable alternative custodian for the children.

Although grandmother had sufficient financial resources, she worked up to 80 hours a week, limiting her availability to meet the children’s needs. Grandmother also testified that a day nanny and night nanny would be the children’s primary caretakers. Alcohol was present in the home, and mother had claimed that grandmother was an alcoholic.

Tellingly, although grandmother was aware of the “chaos” in mother and father’s relationship, she chose not to get involved to assist the children. As of the date of the hearing, grandmother had never had all five children in her home, and the children indicated that they did not have a close relationship with her. Grandmother also acknowledged that she had trouble setting boundaries with mother, so the Department was concerned that she would not enforce any restrictions on mother’s interaction with the children.

Waiver

Mother raises the issues of perjury, lack of due process for her children, and disregard of the Family First Prevention Services Act. She did not make these arguments to the circuit court. Thus, she may not raise them for the first time on appeal.

Affirmed.

Funderburg v. Harrisonburg Rockingham Department of Social Services, Record No. 0421-24-3, June 10, 2025. CAV (unpublished opinion) (Callins). From the Circuit Court of Rockingham County (Albertson). Brandy Smith Funderburg, pro se. M. Victoria Shea, Assistant County Attorney; Kelsey Marker, Guardian ad litem for the minor children (Rockingham County Attorney’s Office; Sellers Law Firm PLLC, on brief), for appellee. VLW 025-7-147. 16 pp.