Winchester Department of Social Sevices v. Jennifer Elizabeth Jones

Winchester, Virginia family law lawyer represented the Defendant in a parental rights termination case.

Mother is the biological parent to two children, H.J. and R.J.[2] The family first came to the Winchester Department of Social Services' (the Department) attention in 2020, when H.J. was born at 25-weeks gestation, and tested positive for fentanyl and marijuana exposure. H.J., who was born underweight and had a lung condition, spent 119 days in the NICU following birth. R.J., then five years old, also tested positive for marijuana.



The Department opened a family assessment and created a safety plan that included preliminary child protective orders, which prohibited mother from having unsupervised contact with the children. In February 2021, while alone at the home with the children, mother gave H.J. methadone instead of Tylenol for teething. Mother called 911, and H.J. was taken to the hospital and placed on a Narcan drip. The responding officers noted that mother appeared to be under the influence of an unknown substance, and they located a methadone bottle and multiple cut straws, along with a crushed white substance, in the residence. The Department removed the children in February 2021.



Following the children's removal, the Department referred mother for a mental health evaluation and substance abuse assessment, and instructed her to follow all recommended treatment. The Department also required mother to undergo regular drug and alcohol screenings and participate in parent mentoring services. The Department provided mother with financial and transportation assistance so she could complete these requirements. In addition, mother had to maintain a safe and stable housing environment, free from violence and substance use. Although mother submitted to the required drug screens, several were positive for fentanyl. Mother was inconsistent with therapy and was discharged from parent mentoring for non-compliance.



The children remained in foster care until July 2022, when they were returned to father's custody because he informed the Department that he and mother were no longer living together. After the children were returned to father, the JDR court entered a protective order prohibiting mother from having unsupervised contact with the children.



In November 2022, the Department received a report that mother moved in with father and the children, and was being left unsupervised with the children. The Department opened another family assessment based on physical neglect and inadequate supervision. Father denied that mother had unsupervised contact with the children and reported that he had no concerns that mother was using drugs. But on October 4, 2022, police encountered mother "inside a vehicle slumped over with the vehicle still running" after she had used narcotics. Mother "was very confused about where she was and seemingly falling asleep as she was talking." She informed police that she had "dope" on her. When they found fentanyl and xylazine in mother's car, the officers arrested her for drug possession.[3]



When the Department received a report of the incident, it worked with father to create an out-of-home safety plan. Neither mother nor father was able to identify any safety resources who could care for the children. The JDR court entered an emergency removal order, and the Department assumed emergency custody of the children for a second time on December 29, 2022. The Department again offered mother substance abuse treatment, mental health treatment, and substance screenings, but she was unable to participate in the services due to jail restrictions.



The JDR court entered a preliminary removal order and adjudicated the children abused and neglected. The Department petitioned for termination of mother's parental rights. The JDR court terminated mother's parental rights under Code § 16.1-283(B) and approved the goal of adoption. Mother appealed to the circuit court.



The parties convened for a three-day trial in the circuit court. The Department presented evidence that the children were thriving in foster care. They resided together in the same foster home, and both had developed positive relationships with the foster parents. The children received counseling, medical care, and their educational needs were being met. R.J. excelled in school and was involved in a number of extracurricular and community activities. H.J. successfully completed an Infant and Toddler Connection program.



Mother testified that she and father were no longer in a relationship. She alleged she had not used illegal substances since December 2023, and was in methadone treatment and had voluntarily engaged in therapy.



The circuit court adjudicated the children as abused and neglected based upon continued parental drug abuse and inability to protect the children from the effects. The circuit court terminated mother's parental rights under Code § 16.1-283(B) and (C)(2). The circuit court held that mother's habitual use of narcotics impaired her parenting ability. The circuit court also found that mother, without good cause, failed to follow through with treatment that would have improved her parental capacity and mitigate the risk of neglect and abuse of the children. Finding it unlikely that mother would remedy the conditions that led to the children's placement in foster care, the circuit court held that adoption was in their best interest.



Jones v. Winchester Dep't of Soc. Servs., 0541-24-4 (Va. App. Nov 26, 2024)

Affirmed