Parent and child: Mother’s lack of improvement results in termination of her parental rights

Where unstable housing, substance abuse, lack of childcare/supervision and an unsafe home environment were conditions that led to the minor child being placed in foster care, and mother failed to produce any evidence that she substantially remedied any of those conditions, the circuit court’s order terminating her parental rights and approving the goal of adoption was affirmed.

Background                                                       

Ayla Salkay appeals the circuit court’s order terminating her parental rights of  her biological child, A.S., and approving the foster care goal of adoption.

Analysis

The record supports the circuit court’s finding that mother failed to show any meaningful stability when it came to parenting A.S., and not just financially. Mother was unemployed and completely financially dependent on her father, who is a registered sex offender, and her husband, who has pending charges related to felony child endangerment. It also appears that mother was devoid of any concern for A.S. being around those individuals on a regular basis.

Also, mother provided no evidence of stable housing, failing to produce a copy of her lease or allowing the Department to view the apartment despite repeated requests for both. And, contrary to her argument that she “had a place to live suitable for the child,” her own testimony at trial belied this assertion, to wit: “I wouldn’t say it’s safe for [A.S.] to return now.”

Finally, mother failed to complete substance abuse treatment and screenings, insisting that she “has proven her sobriety” when asked about her failure to comply with alcohol monitoring and that using marijuana “was within her rights, as someone who is a legal adult.”

Unstable housing, substance abuse, lack of childcare/supervision and an unsafe home environment were conditions that led to A.S. being placed in foster care. Mother failed to produce any evidence that she substantially remedied any of those conditions. Based on this record, the circuit court’s termination of mother’s parental rights is not “plainly wrong or without evidence to support it.”

Affirmed.

Salkay v. City of Charlottesville Department of Social Services, Record No. 0880-23-2, July 22, 2025. CAV (unpublished opinion) (Frucci). From the Circuit Court of the City of Charlottesville (Worrell II). Christopher C. Graham (Eustis & Graham, PC, on brief), for appellant. Samantha Freed; Anthony D. Martin, Guardian ad litem for the minor child (Katrina Callsen, City of Charlottesville City Attorney’s Office; Lepold & Martin, PLLC, on brief), for appellee. VLW 025-7-193. 7 pp.