Earls v. Virginia Beach Department of Human Services, 020916 VACA, 1199-15-1
| Judge | Present: Judges Beales, Russell and Senior Judge Frank |
| Parties | VANESSA EARLS v. VIRGINIA BEACH DEPARTMENT OF HUMAN SERVICES |
| Docket Number | 1199-15-1 |
| Court | Virginia Court of Appeals |
| Date | 09 February 2016 |
FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH R. Bruce Long, Judge Designate
MEMORANDUM OPINION [*]
Vanessa Earls (mother) appeals an order terminating her parental rights to her child, Z., age eight. Mother argues that the trial court erred by terminating her parental rights because clear and convincing evidence did not prove that (1) the termination was in the child's best interests and (2) mother was unwilling or unable to substantially remedy the conditions that led to the child's foster care placement. 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. See Rule 5A:27.
BACKGROUND
We view the evidence in the light most favorable to the prevailing party below and grant to it all reasonable inferences fairly deducible therefrom. See Logan v. Fairfax Cty. Dep't of Human Dev., 13 Va.App. 123, 128, 409 S.E.2d 460, 463 (1991).
When mother was sixteen years old, she was in foster care in California and gave birth to her first child, A. When mother was seventeen years old, she gave birth to her second child, Z., who is the subject of this appeal.1 Mother and the children moved in with Z.'s father and his mother, Leslie Davis. Davis lived in California. Mother enlisted in the United States Navy and left A. and Z. in Davis' care because mother was stationed in Norfolk, Virginia. Due to safety concerns regarding the children in Davis' care, mother was discharged from the Navy. Despite those concerns, mother stayed in Virginia for two or three extra months after being discharged and before going back to California. When mother returned to California, she and the children lived with Davis for several months before they were evicted. Then, mother lived with the children in several shelters. In January 2011, mother decided to move back to Virginia. She again left A. and Z. with Davis in California. However, Davis became unable to care for the girls, so mother's father started caring for the girls. Mother's father also lived in California. A couple of months after he started taking care of the children, mother's father contacted child protective services because A. said that she had been sexually molested by mother's former boyfriend. On July 1, 2011, the children were placed in foster care in California. Mother returned to California to obtain custody of her children. On November 21, 2011, the California court granted mother custody of her children.
Mother and the children moved to Virginia Beach and lived in a motel. On December 29, 2011, the Virginia Beach Child Protective Services received a call alleging inadequate supervision of the children. The police investigated and found the children alone in a motel room. A police officer waited over an hour for mother to return. Mother agreed to a plan where the children would reside with one of her friends, who would supervise contact between mother and the children. However, on January 4, 2012, the friend informed the Virginia Beach Department of Human Services (the Department) that she could no longer care for the children. The children stated that mother had not complied with the safety plan because her friend was not consistently supervising her contact. The Department placed the children in foster care on January 4, 2012.
Initially, mother completed several of the services recommended by the Department. She tested negative for illegal drugs. She completed a Clean and Healthy Homes Workshop on June 13, 2012. She completed a Budget Workshop on June 14, 2012. She was employed full-time at Big Lots as a shelf stocker. She completed a Parenting Capacity Evaluation, and based on the recommendations of the evaluator, the Department wanted mother to participate in weekly counseling, parenting classes, and in-home counseling with the girls. In late August 2012, mother changed jobs and started working at a Waffle House. On September 19, 2012, mother completed the Child and Safety Workshop. On November 20, 2012, mother started weekly individual counseling with Serena Romero. Mother had two unsupervised overnight weekend visits on December 7, 2012 and December 14, 2012.
The parties appeared before the Virginia Beach Juvenile and Domestic Relations District Court (the JDR court) on December 18, 2012. The JDR court approved the Department's plan for a trial home placement with mother. On December 21, 2012, the Department placed the girls in mother's home, but removed the children from her home on January 8, 2013 when the children said that they were left alone to get ready and walk to school in the morning.
On July 25, 2013, the parties appeared before the JDR court. Mother was still working at the Waffle House and was renting a room from a friend.
In September 2013, mother started working at McDonalds. At the next hearing in November 2013, mother told the JDR court that her support system was in California and she wished to relocate there with her children. The JDR court acknowledged that mother had made progress and instructed the Department to investigate options for mother if she and the children moved to California.
At the following hearing in January 2014, mother admitted that she had been hospitalized for mental health reasons since the last hearing....
To continue reading
Request your trial