COURT OF APPEALS OF VIRGINIA
Present: Judges Bray, Annunziata and Frank
THOMAS WILSON
MEMORANDUM OPINION *
v. Record No. 1839-99-4 PER CURIAM
FEBRUARY 8, 2000
ALEXANDRIA DIVISION OF SOCIAL SERVICES
FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA
Donald M. Haddock, Judge
(Janell M. Wolfe; Law Office of Janell M.
Wolfe, on brief), for appellant. Appellant
submitting on brief.
(Philip G. Sunderland, City Attorney; Jill R.
Applebaum, Assistant City Attorney; Office of
the City Attorney, on brief), for appellee.
Appellee submitting on brief.
Thomas Wilson appeals the decision of the circuit court
terminating his parental rights to his daughter. Wilson contends
that the trial court erred in finding that the Alexandria Division
of Social Services (DSS) presented clear and convincing evidence
sufficient to meet the statutory requirements for termination of
his parental rights under Code § 16.1-283(B) and (C)(2). Upon
reviewing the record and briefs of the parties, we conclude that
this appeal is without merit. Accordingly, we affirm the decision
of the trial court.
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.
On appeal, under familiar principles, we view the evidence
and all reasonable inferences in the light most favorable to
DSS, the party prevailing below. See Martin v. Pittsylvania
County Dep't of Soc. Servs., 3 Va. App. 15, 20, 348 S.E.2d 13, 16
(1986). "Where, as here, the court hears the evidence ore tenus,
its finding is entitled to great weight and will not be
disturbed on appeal unless plainly wrong or without evidence to
support it." Id. "In matters of a child's welfare, trial
courts are vested with broad discretion in making the decisions
necessary to guard and to foster a child's best interests."
Logan v. Fairfax County Dep't of Human Dev., 13 Va. App. 123, 128,
409 S.E.2d 460, 463 (1991) (citations omitted).
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. On review, "[a]
trial court is presumed to have thoroughly
weighed all the evidence, considered the
statutory requirements, and made its
determination based on the child's best
interests."
Id.
The record demonstrates that Wilson had a history of alcohol
abuse and domestic violence convictions. On the day the child was
placed in foster care in March 1997, Wilson was incarcerated for
an assault and battery of the mother in 1996. 1 An officer from
1
The mother, Erica Wilson, suffered a mental health crisis
that day and was hospitalized. The mother's parental rights were
also terminated.
- 2 -
the Alexandria police domestic violence unit testified that Wilson
was identified as a repeat domestic violence offender and that he
had been convicted six times for violence against the mother.
Five of those incidents occurred between May 1996 and May 1998.
DSS presented evidence that it encouraged Wilson and the mother to
participate in couples counseling prior to the child's removal.
Wilson received alcohol and substance abuse counseling in prison.
While DSS referred Wilson for additional substance abuse
evaluation and treatment, Wilson participated sporadically and did
not complete treatment.
Code § 16.1-283(B)
The trial court ruled that DSS presented clear and
convincing evidence sufficient to meet the statutory
requirements of Code § 16.1-283(B). Under that section, the
parental rights of a parent of a child found to be neglected or
abused may be terminated if the trial court finds that the
neglect suffered by the child "presented a serious and
substantial threat to his life, health or development" and that,
notwithstanding appropriate rehabilitative efforts made by the
agencies, "[i]t is not reasonably likely that the conditions
which resulted in such neglect or abuse can be substantially
corrected or eliminated so as to allow the child's safe return
to his parent . . . within a reasonable period of time." Code
§ 16.1-283(B)(1) and (2). It is prima facie evidence of the
- 3 -
conditions set out in Code § 16.1-283(B)(2) if there is evidence
that
b. The parent or parents have habitually
abused or are addicted to intoxicating
liquors, narcotics or other dangerous drugs
to the extent that proper parental ability
has been seriously impaired and the parent,
without good cause, has not responded to or
followed through with recommended and
available treatment which could have
improved the capacity for adequate parental
functioning; or
c. The parent or parents, without good
cause, have not responded to or followed
through with appropriate, available and
reasonable rehabilitative efforts on the
part of social, medical, mental health or
other rehabilitative agencies designed to
reduce, eliminate or prevent the neglect or
abuse of the child.
Code § 16.1-283(B)(2).
Evidence supports the trial court's finding. Despite the
services provided to Wilson and the mother, there was no
indication that the underlying problems of substance abuse and
domestic violence were substantially corrected or eliminated.
DSS referred Wilson three different times for counseling, but
Wilson failed to complete treatment. He participated in several
months of substance abuse counseling, but demonstrated no change
in his pattern of alcohol abuse. The evidence supported the
conclusion of the trial court that Wilson failed to respond to
the services offered.
- 4 -
Code § 16.1-283(C)(2)
The trial court also found DSS presented sufficient
evidence to satisfy the requirements of Code § 16.1-283(C)(2).
That section provides that a parent's rights to a child placed
in foster care may be terminated if the court finds by clear and
convincing evidence that it is in the child's best interests and
that the parent "without good cause, [has] been unwilling or
unable within a reasonable period of time not to exceed twelve
months from the date the child was placed in foster care to
remedy substantially the conditions which led to or required
continuation of the child's foster care placement" despite the
agencies' efforts to provide rehabilitative services. Id. It
is prima facie evidence of this condition if the parent failed
to make "substantial progress . . . in accordance with [his]
obligations under and within the time limits or goals set forth"
in an agreed foster care plan. Id.
Evidence also supports the trial court's finding under this
section. Despite the services provided, Wilson failed to meet
his obligations under the foster care plan, including, among
other requirements, that he "demonstrate sustainable change in
. . . substance abusing behavior," maintain stable housing,
"refrain from activities that lead to incarceration," and
"demonstrate improvement in the quality of [the parents']
relationship, including desisting from domestic violence." He
continued to demonstrate the same patterns of substance abuse,
- 5 -
anger, and domestic violence that caused the child's initial
abuse and neglect.
The evidence supports the finding of the trial court that
DSS presented clear and convincing evidence satisfying the
statutory requirements of Code § 16.1-283 and proving that it
was in the best interests of the child to terminate Wilson's
parental rights. Accordingly, the decision of the circuit court
is affirmed.
Affirmed.
- 6 -