Conyers v. Martial Arts World of Richmond

Decision Date12 January 2007
Docket NumberRecord No. 060232.
CourtVirginia Supreme Court
PartiesAnthony CONYERS, Jr., Commissioner, Commonwealth of Virginia Department of Social Services v. MARTIAL ARTS WORLD OF RICHMOND, INC., et al.

Allen T. Wilson, Special Counsel (Robert F. McDonnell, Atty. Gen.; David E. Johnson, Deputy Atty. Gen.; Kim F. Piner, Senior Asst. Atty. Gen., on briefs), for appellant.

Michael R. Ward (Moris & Morris, on brief), Richmond, for appellees.

Present: All the Justices.

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we review the judgment of the circuit court that a particular martial arts instruction program for children, which qualifies as a "child day program" generally subject to licensure by the Virginia Department of Social Services, is exempt from licensure under the "come and go" exemption set forth in Code § 63.2-1715(A)(2). The dispositive issue is the proper interpretation of this statute.

BACKGROUND

Appellant, the Commissioner of Social Services, is responsible for the supervision and management of the Virginia Department of Social Services ("the Department"). Code § 63.2-200. The Commissioner has the duty, among other things, to enforce statutory licensure requirements for any person who operates a "child welfare agency." Code § 63.2-1701(A). A child welfare agency is statutorily defined to include a "child day center." Code § 63.2-100. A child day center is any "child day program offered to (i) two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care or (ii) 13 or more children at any location." A child day program is a "regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for supervision, protection, and well-being of a child under the age of 13 for less than a 24-hour period." Id.

The statutory scheme that establishes the licensure requirements also provides a list of exemptions for certain child day programs. Code § 63.2-1715. The exemption that is relevant to this appeal provides that a child day program does not have to be licensed "where, by written policy given to and signed by a parent or guardian, children are free to enter and leave the premises without permission or supervision." Code § 63.2-1715(A)(2).

Appellees Martial Arts World of Richmond, Inc., Martial Arts World of West End, Inc., Martial Arts World of Chester, Inc., and Martial Arts World of Powhatan, Inc. (collectively "Martial Arts World") operate facilities in which they provide martial arts instruction to children as well as adults. Martial Arts World offers two martial arts programs that potentially subject it to licensure as a child day program: an after school program and a "summer camp" for children ages six and older. The general purpose of the after school and summer camp programs is to benefit the children who participate not only by developing physical martial arts skills but also to build character and instill discipline in a highly structured environment.

At all times relevant to this appeal, in order to be exempt from licensure pursuant to the "come and go" exemption of Code § 63.2-1715(A)(2), Martial Arts World provided the parent or guardian of each child participating in the after school and summer camp programs with a form stating that "Martial Arts World is not a licensed child day center." The form further provided that, by signing the form, each parent or guardian "understand[s] that Martial Arts World is a drop-in facility and as required by Virginia law . . . my child is free to enter and leave the premises without permission or supervision of Martial Arts World staff."

The record reflects that, up until 2004, the Department considered Martial Arts World to qualify for the exemption under Code § 63.2-1715(A)(2) and did not require Martial Arts World to be licensed. However, in 2004 personnel of the Department observed the Martial Arts World after school and summer programs and determined that, despite the written policy to the contrary, the children in those programs were not actually free to "come and go" without permission. Accordingly, the Department concluded that Martial Arts World was not exempt from licensure under Code § 63.2-1715(A)(2). The Department notified Martial Arts World that it would need to obtain a license or discontinue operating the after school and summer programs.

As a result, Martial Arts World initiated a lawsuit in the Circuit Court of the City of Richmond against the Commissioner and the Department that proceeded upon an amended bill of complaint. In the amended bill of complaint, Martial Arts World sought a declaratory judgment that it was not a "child day center" or "child day program" subject to licensure or, in the alternative, that Martial Arts World was exempt from licensure under Code § 63.2-1715(A)(2). Martial Arts World also sought injunctive relief to prevent the Department from demanding that Martial Arts World be licensed or face civil and criminal penalties.

The Commissioner1 subsequently filed separate but materially identical bills of complaint against the four Martial Arts World facilities and the individuals responsible for operating each facility. The Commissioner's bills of complaint alleged that the Department had learned a number of facts indicating that Martial Arts World should not be exempt under Code § 63.2-1715(A)(2) and, thus, that Martial Arts World was required to have a license to operate its after school and summer camp programs. The bills of complaint sought an injunction under Code § 63.2-1711 prohibiting Martial Arts World from operating the after school and summer camp programs without a license.2

The actions filed by Martial Arts World and the Commissioner were consolidated by the circuit court.3 Thereafter, the court held a two-day evidentiary hearing in which the parties presented evidence relating to Martial Arts World's after school and summer camp programs and the authorization of the children enrolled therein to enter and leave the premises of Martial Arts World without permission or supervision. Following the presentation of the evidence, the parties presented argument that focused on two issues. The first issue was whether Code § 63.2-1715(A)(2) required a child day program not only to have a written policy that children are free to enter and leave the premises without permission or supervision but also that the agency actually comply with that policy. The second issue was whether Martial Arts World in fact allowed the children in the after school and summer programs to leave and enter its premises without permission or supervision.

The circuit court ruled that Martial Arts World is a "child day program" as statutorily defined. The court further ruled that "Martial Arts World's after school program and summer camp comply with § 63.2-1715[(A)](2) as written. Therefore, Martial Arts World's programs are exempt from licensure." The court gave the following reasons for its ruling from the bench:

There are certain aspects of this program as it works, seems to me, [that are] antithetical or opposed to this come and go policy. As I alluded to earlier, the program itself, the way the program is structured, and some of the ancillary things that the parents are required to do, with the sign up and the listing of authorized persons, seems to me it suggests that that's opposed to [a] come and go policy. But I think the [c]ourt here has to deal with the statute as . . . written. And I find that the statute as written — this organization has complied with it. It's not up to the [c]ourt to graft on the statute more than what the General Assembly has provided. . . . I think as written the statute says what it says. There's a program whereby written policy given to and signed by parents and guardians they're free to leave the premises without permission or supervision. . . . [T]he statute is what it is, and that's what it reads. And I think this organization, these groups here, come within it.

The circuit court entered a final order on November 4, 2005, incorporating by reference the reasons stated from the bench. The court further denied injunctive relief to both parties. This appeal followed.

DISCUSSION

As a threshold matter, we are presented with the remarkable, if not unique, circumstance in which the parties dispute what the circuit court's interpretation of Code § 63.2-1715(A)(2) actually was. The Commissioner's third assignment of error reflects his belief that the circuit court interpreted Code § 63.2-1715(A)(2) such that "a child day program merely needs to have a policy [to be exempt from licensure], but does not have to follow it." The Commissioner asserts that the evidence presented at trial "clearly established that Martial Arts World does not allow children to freely enter and leave the premises without permission [or] supervision," and that the circuit court ruled that Martial Arts World was exempt by virtue of having "nothing more than a permission slip that is signed by the parents" without an expectation that the program actually comply with the policy.

Martial Arts World maintains that the circuit court "concluded that Martial Arts World not only had a policy, but complied with it" and emphasizes that the majority of the evidence presented over the two-day trial pertained to whether it complied with its written policy. Martial Arts World asserts that for the Commissioner to dispute on appeal "that actual compliance with the exemption was not addressed factually . . . cannot be reconciled with the record."

In determining which party's interpretation of the circuit court's ruling is correct, we turn to the well-established principle that a court speaks only through its written orders. Rose v. Jaques, 268 Va. 137, 147, 597 S.E.2d 64, 70 (2004); Upper Occoquan Sewage Authority v. Blake...

To continue reading

Request your trial
191 cases
  • Groffel v. Commonwealth, Record No. 0485-18-2
    • United States
    • Court of Appeals of Virginia
    • August 20, 2019
    ...language used unless a literal interpretation of the language would result in a manifest absurdity." Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96, 104, 639 S.E.2d 174 (2007). On the other hand, if the statutory language is ambiguous, the court must rely on "the gravamen of th......
  • Flanders v. Commonwealth
    • United States
    • Supreme Court of Virginia
    • February 13, 2020
    ...). To the extent this case involves issues of statutory interpretation, we review them de novo. Conyers v. Martial Arts World of Richmond, Inc. , 273 Va. 96, 104, 639 S.E.2d 174 (2007).A. Development of the Felony-Homicide Doctrine in Virginia We begin our consideration of felony homicide u......
  • Geouge v. Traylor, Record No. 0559-17-2
    • United States
    • Court of Appeals of Virginia
    • December 27, 2017
    ...Accordingly, we review de novo the circuit court's decision that the Act does not apply. See Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96, 104, 639 S.E.2d 174, 178 (2007) ; Farrell v. Warren Cty. Dep't of Soc. Servs., 59 Va. App. 375, 406, 719 S.E.2d 329, 344 (2012). In gener......
  • Jones v. Phillips
    • United States
    • Supreme Court of Virginia
    • December 3, 2020
    ..."we must apply the interpretation that will carry out the legislative intent behind the statute." Conyers v. Martial Arts World of Richmond, Inc. , 273 Va. 96, 104, 639 S.E.2d 174 (2007).In her brief, Ms. Jones implicitly asserts that the meaning of disposition as used in Code § 55.1-136(C)......
  • 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