COURT OF APPEALS OF VIRGINIA
Present: Judges Annunziata, Agee and Senior Judge Coleman
TONYA WOODWARD
MEMORANDUM OPINION *
v. Record No. 1819-01-2 PER CURIAM
MARCH 26, 2002
GREENE COUNTY DEPARTMENT
OF SOCIAL SERVICES
FROM THE CIRCUIT COURT OF GREENE COUNTY
Daniel R. Bouton, Judge
(Diana H. Wheeler; Somerville, Wilkinson &
Wheeler, Ltd., on brief), for appellant.
(Andrew L. Wilder; Shelia Haughey, Guardian
ad litem for the minor child; Snook &
Haughey, on brief), for appellee.
Tonya Woodward (mother) appeals the decision of the circuit
court terminating her parental rights to her minor child, Octaria
Monae Woodward. She contends the trial court erred in: (1)
refusing to strike the evidence; (2) finding that she failed to
show good cause for failing to substantially remedy within twelve
months the conditions that led to the child's placement in foster
care; and (3) finding that termination was in the child's best
interest. Upon reviewing the record and briefs of the parties, we
conclude that this appeal is without merit. Accordingly, we
summarily affirm the decision of the trial court. Rule 5A:27.
* Pursuant to Code § 17.1-413, this opinion is not
designated for publication.
BACKGROUND
Mother appealed the juvenile and domestic relations district
court order terminating her residual parental rights. On April
30, 2001, the trial court conducted a de novo hearing.
Renee Smith, a caseworker with the Department of Social
Services (DSS), testified that mother and her child first began
receiving DSS services through the "View Program" in July 1999.
DSS provided mother assistance with daycare services,
transportation and housing. On October 1, 1999, mother left the
child in the care of Vicki Weakley, the regular child-care
provider. On October 3, 1999, DSS was contacted because mother
failed to pick up the child. On October 4, 1999, mother visited
the DSS office and advised Smith that she failed to return during
the weekend because she had been drinking and using drugs. Mother
agreed to participate in outpatient counseling and drug screening.
On October 21, 1999, someone notified DSS that mother left the
child with a friend on October 20, 1999, and failed to return or
contact the friend. The friend did not know mother's location, so
she could not contact her. Smith later learned that mother had
been arrested on October 20, 1999, pursuant to an outstanding
warrant for a bad check.
On October 21, 1999, DSS obtained an emergency order and
placed the child in a foster home. Mother had no contact with
the child during the first two months following placement
because DSS did not learn mother's location until December 1999.
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Due to problems with the first foster family, the child was
placed in her current foster home on April 21, 2000.
Smith testified that mother has been unable to maintain
stable employment. From November 1999 until September 2000,
mother worked for nine different employers. During that
eleven-month period, mother also changed residences several
times. Smith explained that mother did not always report her
whereabouts. The first two months following the child's removal
and placement in foster care, DSS was unable to locate mother.
Smith recalled that mother moved four times in the period from
February 2000 until June 28, 2000. Smith was aware of mother's
problem with transportation to work and drug treatment sessions;
however, those difficulties resulted from mother moving out of
Greene County, away from available transportation. Mother
failed to timely notify Smith when she discontinued drug
treatment sessions. Smith did not learn about her
discontinuance until weeks later.
Steven Carneal was mother's probation officer for charges
relating to driving on a suspended license. On September 27,
2000 and November 29, 2000, mother tested positive for cocaine
use. Mother was referred to the Women's Alternative group for
sessions three times each week. On December 13, 2000, mother
advised Carneal she had overdosed on heroin in an attempt to
commit suicide.
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Charlene Moonan, a counselor with the Women's Alternative,
testified that mother was evaluated and placed in group sessions
scheduled to meet three times a week for five hours. The
sessions began on May 11, 2000. Moonan stated that mother had a
chronic problem with absenteeism. Although some absences were
legitimate and excusable, some were not. Out of twenty-seven
sessions, mother missed nine; four of the nine absences were not
excused. Although mother's drug screens tested negative during
this period, mother confided to Moonan that she had used or
planned to use someone else's urine for a screening because her
sample would test positive.
Linda Hamilton testified that mother was referred to her
for substance abuse screening and evaluation. Mother initially
tested positive for cocaine and marijuana use. Hamilton
recommended "Intensive Outpatient Treatment to begin in December
1999." Mother missed a session and again tested positive for
cocaine and marijuana on January 15, 2000. Mother "was referred
to Boxwood, but [she] did not follow through." Mother's case
was closed in March 2000, after mother moved to Culpeper County,
which is out of Hamilton's service area.
Gail Kerry has been the child's foster mother since April
2000. She is a state licensed daycare provider and cares for
children in her home. Kerry testified that the child has
adjusted well and that everyone in the foster family loves her.
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The evidence showed that mother married in early December
1999. She and her husband separated in early February 2000.
Sheila Haughey, the child's guardian ad litem, reported
that the child has adjusted well to the foster family and has
bonded with them. Haughey was concerned about mother's
instability as evidenced by her inability to maintain a
residence or job and to successfully complete a substance abuse
program. Haughey did not feel mother had progressed to the
point where return of the child was appropriate in the
foreseeable future. She was skeptical of mother's purported
recovery, believing it "was too recent and too fragile" in light
of mother's past history. Given the child's positive experience
with the foster parents and the "uncertainty of the mother's
situation," Haughey opined it was in the best interests of the
child that mother's residual parental rights be terminated.
The trial court found that DSS sufficiently proved its case
against mother pursuant to Code § 16.1-283(C). Therefore, it
terminated mother's residual parental rights.
ANALYSIS
"When addressing matters concerning a child, including the
termination of a parent's residual parental rights, the paramount
consideration of a trial court is the child's best interests."
Logan v. Fairfax County Dep't of Human Development, 13 Va. App.
123, 128, 409 S.E.2d 460, 463 (1991). "'In matters of a child's
welfare, trial courts are vested with broad discretion in making
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the decisions necessary to guard and to foster a child's best
interests.'" Id. The trial judge's findings, "'when based on
evidence heard ore tenus, will not be disturbed on appeal unless
plainly wrong or without evidence to support it.'" Id. (citation
omitted).
Code § 16.1-283(C)(2) provides that a court may terminate a
parent's residual parental rights where a child has been placed
in foster care as a result of court commitment if the court
finds, based upon clear and convincing evidence, that (1) it is
in the best interests of the child; (2) that the parents without
good cause have been unwilling or unable within a reasonable
period of time not to exceed twelve months to remedy
substantially the conditions which led to the child's foster
care placement; and (3) that reasonable and appropriate efforts
of social, medical, mental health or other rehabilitative
agencies have been made to such end.
DSS obtained custody of the child in October 1999, when it
placed the child in foster care. During the child's temporary
placement in foster care, DSS assisted mother in obtaining
substance abuse treatment and other services. However, mother
failed to maintain a steady job, keep a permanent residence,
maintain contact with DSS concerning her status and location and
successfully complete a substance abuse program. She tested
positive for using cocaine on September 27, 2000 and November
29, 2000. On December 13, 2000, almost fourteen months after
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having her child placed in foster care, mother told her
probation officer she tried to commit suicide by taking an
overdose of heroin.
The child is doing well and living with a foster family who
loves her. Her present situation contrasts sharply with the
instability and uncertainty she experienced with mother. After
careful consideration of mother's history and performance, the
guardian ad litem concluded it was in the child's best interest
to terminate mother's parental rights.
The trial court found that DSS presented clear and convincing
evidence that termination is in the child's best interest and it
is not reasonably likely that the conditions which led to the
child's neglect or abuse can be substantially corrected or
eliminated to allow the child's return within a reasonable period
of time. This finding is not plainly wrong or without evidence to
support it. Accordingly, the decision of the circuit court is
affirmed.
Affirmed.
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