Error in Preserving Issue Prevents Appeal; Procedural Issues Aside-Drug Use Supports Termination of Parental Rights

In the case of Staples v. Chesapeake Department of Social Services, the Virginia Court of Appeals, in an published opinion, affirmed a trial court’s decision terminating of mother’s parental rights to her child where question of whether trial court erred in considering petition for termination because petition did not specify which subsection of Code § 16.1-283 appellee was proceeding under barred by Rule 5A:18 and because the evidence was sufficient to support termination.

At trial, mother never raised her claim that the court erred by considering the petition for termination because the petition did not specify under which subsection of Code § 16.1-283 DHS was proceeding.  This violates the well known procedural rule, 5A:18, that the Court of Appeals will not consider an argument on appeal which was not presented to the trial court.

In addition, the evidence supporting termination in this case was overwhelming.  The mother had a serious cocaine addiction which prevented her from caring for the child.