Logan v. Fairfax County Dept. of Human Development

Decision Date17 September 1991
Docket NumberNo. 1210-90-4,1210-90-4
Citation409 S.E.2d 460,13 Va.App. 123
PartiesLottie M. LOGAN v. FAIRFAX COUNTY DEPARTMENT OF HUMAN DEVELOPMENT, et al. Record
CourtVirginia Court of Appeals

Deborah A. Wilson, Springfield, for appellant.

Kyle Elizabeth Skopic, Asst. County Atty., (David T. Stitt, Fairfax County Atty., Robert Lyndon Howell, Deputy County Atty., on brief), for appellee Fairfax County Dept. of Human Development.

James E. Wilcox, Jr. (Clayton, Wilcox & Vergara, Burke, on brief), guardian ad litem, for appellee Michael Logan.

Present: KOONTZ, C.J., BAKER and DUFF, JJ.

KOONTZ, Chief Judge.

Lottie M. Logan appeals the July 18, 1990 order of the Family Court of Fairfax County terminating her residual parental rights with respect to her son, Michael Logan, pursuant to Code § 16.1-283. 1 In addition to finding sufficient evidence to terminate Ms. Logan's residual parental rights, the family court approved a foster care service plan documenting adoption as being in Michael's best interest, while continuing Michael's custody with the Fairfax County Department of Human Development (Department). Ms. Logan asserts the court erred (1) by terminating her residual parental rights pursuant to Code § 16.1-283, (2) by granting custody of Michael to the Department rather than to his maternal grandmother, and (3) by considering evidence of the Department's contacts with Ms. Logan regarding her other children. We find these assertions without merit, and affirm the decision of the family court.

I. Factual Background

On January 26, 1986, Ms. Logan, a twenty-six year old divorcee with a ninth grade education, gave birth to her third child, Michael, who was subsequently diagnosed as suffering from cerebral palsy. Michael is unable to feed or bathe himself, or to ambulate. Though he is capable of communicating to a certain degree, he only speaks three or four words which are unintelligible except by those people who know him. Consequently, Michael requires extraordinary care and supervision.

In August 1986, the Department became involved with Michael as a result of concerns over Michael's medical care and possible neglect by Ms. Logan. In March 1987, the Department intervened on Michael's behalf after receiving reports that Ms. Logan had repeatedly failed to obtain the necessary and available medical and physical therapy services for Michael. As a result of that intervention, the court ordered Ms. Logan to undergo a mental health evaluation and to take Michael to his medical appointments at the hospital. Ms. Logan was subsequently evaluated by Mount Vernon Center for Community Mental Health as suffering from "a personality disorder which is defined as inflexible and maladaptive personality traits that cause significant impairment in social and role functioning." The evaluation noted that, while supportive individual sessions would be useful for Ms. Logan, she displayed little motivation for treatment and her motivation was the critical factor in ensuring improvement in her children's situation.

On June 19, 1987, the court determined Michael was a neglected child within the meaning of Code § 16.1-241(A)(1) and ordered Ms. Logan to transport Michael to all medical appointments necessary to ensure his health and to take him to all scheduled therapy appointments. The court further ordered Ms. Logan to comply with any treatment or services recommended by the Department. After Ms. Logan failed to abide by the order, Michael was placed in the Department's custody by order of the court on September 10, 1987.

In November 1987, the Department filed a foster care service plan with the stated goal of returning Michael to Ms. Logan by September 1988. In order to achieve that goal, Ms. Logan was directed to visit Michael on a weekly basis, attend parenting skills classes, and to cooperate with the Linking Infant Needs with Community Services Program (LINCS), the Department and the Community Base Services worker. In the interim, Michael was placed with foster parents who were directed to take Michael to his therapy appointments and to visit his mother at the Department on a weekly basis.

Despite the stated goal of the foster care service plan, Michael was not returned to Ms. Logan by September 1988. Instead, the foster care service plan was modified to provide for Michael's return to his mother by September 1989. In its January 12, 1989 review of the service plan, the Department stated the reason for the modification of the service plan was Ms. Logan's "lack of participation in [Michael's] physical and occupational therapy, and her lack of understanding of her need to be trained in those areas." The Department noted that, though the various agencies involved with Michael and Ms. Logan offered her consistent and regular visitation with Michael either at the Department, her home, or during therapy sessions, she only took advantage of approximately ten percent of the offered time. Finally, the Department stated in its review that if Ms. Logan failed to participate fully in the services offered, then the service plan goal would be modified so that Michael would not be returned to her.

Approximately one year after presenting its review of Michael's foster care service plan and warning Ms. Logan of her need to adhere to the plan, the Department filed a petition to terminate Ms. Logan's residual parental rights to Michael and to give the Department the right to place Michael for adoption. The Department stated in its revised Foster Care Service Plan that "[t]here are no known relatives appropriate or interested in caring for Michael at this time," and concluded that terminating Ms. Logan's residual parental rights would be in Michael's best interest so that he could be placed for adoption. The court conducted a hearing concerning the petition on July 18, 1990. The evidence showed Ms. Logan had consistently failed to maintain regular contact with Michael throughout the implementation of the foster care service plan. Though she occasionally visited Michael, Ms. Logan commonly missed scheduled visits or arrived at them late. Further, Ms. Logan failed to visit Michael from June 1989 to March 1990 after being warned that such failure would result in the termination of her parental rights. The court also heard testimony that in three years, Ms. Logan only attended one of Michael's medical appointments, and that she did not attend any school conferences or occupational and physical therapy sessions for Michael. Only after being warned of the termination proceeding did Ms. Logan attend any parenting skills training classes required by the Department. In addition, testimony was admitted that indicated the Department was involved with Ms. Logan in the past when she failed to enroll her other two children in school. Finally, the court heard evidence that Ms. Logan's residence and whereabouts were frequently unknown by the Department.

During the hearing, Ms. Logan testified that her mother, Mrs. Formando, who also was present, was previously an approved Fairfax County foster parent and that the Department never asked her mother to take custody of Michael. She also claimed her mother and sister could assist her in caring for Michael. The court was informed that Mrs. Formando is forty-four years old and lives with her seventy-five year old husband in a three bedroom trailer home. In addition, Ms. Logan's twenty-seven year old sister, Donna Stanley, was living in the trailer and was seeking to regain custody of her own three children from foster care in order to have them reside with her in the trailer. However, Mrs. Formando was never called to testify and never expressed to the court a desire to gain custody of Michael.

II. Legal Issues

On appeal, Ms. Logan argues that the court erroneously terminated her residual parental rights pursuant to Code § 16.1-283 because the Department did not prove by clear and convincing evidence that it provided her with psychological services to assist her in preserving her relationship with Michael. We disagree and uphold the trial court's finding by clear and convincing evidence that both the requirements of Code § 16.1-283(B)(1) and (2), and the requirements of § 16.1-283(C)(1) and (2) were met.

When addressing matters concerning a child, including the termination of a parent's residual parental rights, the paramount consideration of a trial court is in the child's best interests. See Toombs v. Lynchburg Div. of Soc. Servs., 223 Va. 225, 230, 288 S.E.2d 405, 407-08 (1982); Farley v. Farley, 9 Va.App. 326, 329, 387 S.E.2d 794, 796 (1990). 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." Farley, 9 Va.App. at 329, 387 S.E.2d at 796 (citing Brown v. Brown, 218 Va. 196, 200, 237 S.E.2d 89, 92 (1977) ). Furthermore, the evidence is viewed in the light most favorable to the prevailing party below and its evidence is afforded all reasonable inferences fairly deducible therefrom. Farley, 9 Va.App. at 328, 387 S.E.2d at 795. "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." Id.; accord Eichelberger v. Eichelberger, 2 Va.App. 409, 412, 345 S.E.2d 10, 11 (1986). The trial court's judgment, "when based on evidence heard ore tenus, will not be disturbed on appeal unless plainly wrong or without evidence to support it." Peple v. Peple, 5 Va.App. 414, 422, 364 S.E.2d 232, 237 (1988).

Pursuant to § 16.1-283(B), the court may terminate the residual rights of a parent of a child who has been neglected and placed in foster care based upon clear and convincing evidence that it is in the child's best interest, and that (1) "[t]he neglect ... suffered by [the] child presented a serious and substantial threat to his life, health or development," Code § 16.1-283(B)(1), and that...

To continue reading

Request your trial
730 cases
  • Farrell v. Warren Cnty. Dep't of Soc. Servs.
    • United States
    • Virginia Court of Appeals
    • January 10, 2012
    ...court's paramount consideration in a termination case is the best interests of the children. See Logan v. Fairfax Cnty. Dep't of Human Dev., 13 Va.App. 123, 128, 409 S.E.2d 460, 463 (1991).A. Assignments of Error 1 and 2: Constitutional due process and termination of parental rights Father ......
  • Joyce v. Botetourt Cnty. Dep't of Soc. Servs.
    • United States
    • Virginia Court of Appeals
    • November 9, 2022
    ..." Norfolk Div. of Soc. Servs. v. Hardy , 42 Va. App. 546, 552, 593 S.E.2d 528 (2004) (quoting Logan v. Fairfax Cnty. Dep't of Hum. Dev. , 13 Va. App. 123, 128, 409 S.E.2d 460 (1991) ). "Accordingly, the trial court's decision will not be disturbed on appeal unless it committed an abuse of d......
  • Milam v. Milam
    • United States
    • Virginia Court of Appeals
    • November 17, 2015
    ...” Bristol Dep't of Soc. Servs. v. Welch,64 Va.App. 34, 40, 764 S.E.2d 284, 287 (2014)(quoting Logan v. Fairfax Cty. Dep't of Human Dev.,13 Va.App. 123, 128, 409 S.E.2d 460, 462 (1991)). In this case, mother prevailed below.Mother and father were married in 1994 and had five children togethe......
  • Farrell v. Warren Cnty. Dep't of Soc. Servs.
    • United States
    • Virginia Court of Appeals
    • January 10, 2012
    ...paramount consideration in a termination case is the best interests of the children. See Logan v. Fairfax Cnty. Dep't of Human Dev., 13 Va. App. 123, 128, 409 S.E.2d 460, 463 (1991).A. Assignments of Error 1 and 2: Constitutional due process and termination of parental rights Father argues ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT