Admission of Hearsay Evidence Harmless Error
In the case of Messiah v. Alexandria Department of Human Services, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial court erred in admitting the testimony from a social worker where the content of the challenged statements were admitted in exhibits or other testimony during the hearing. Further, there was sufficient evidence to support termination of father’s parental rights and approval of the foster care plan.
The trial court terminated father’s parental rights under Code § 16.1-283(C)(2). That section provides that termination is warranted if clear and convincing evidence establishes it is in the best interests of the child and that [t]he parent or parents, without good cause, have been unwilling or unable within a reasonable period of time not to exceed twelve months from the date the child was placed in foster care to remedy substantially the conditions which led to or required continuation of the child’s foster care placement, notwithstanding the reasonable and appropriate efforts of social, medical, mental health or other rehabilitative agencies to such end.
Father does not argue that he substantially corrected or eliminated the conditions which led to the child’s placement. He merely contends that he “pursued numerous services independent of Alexandria DHS.”
At the time of the hearing, the child was two years old and had been either in the care of his grandparents or foster care for most of his life. Not only had father failed to secure stable housing or employment during that time, he had refused mental health therapy or medication despite the knowledge he suffered from bipolar disorder and anger management issues. In addition, father had been incarcerated for several months after being convicted for drug distribution. While father’s incarceration, per se, did not warrant the termination of his parental rights, it was “a valid and proper circumstance” the trial court could consider in deciding whether termination was in the child’s best interests. Furthermore, from the time father was incarcerated in November 2007 until the termination hearing in June 2008, he saw the child on only three occasions.