Father’s Parental Rights Terminated Despite Assertion of 5th Amendment Right Against Self Incrimination.

In the case of White v. Petersburg Department of Social Services, the Virginia Court of Appeals, in an unpublished opinion, ruled that evidence was sufficient to prove termination of father’s parental rights was in child’s best interests without consideration of his alleged sexual misconduct, his refusal to participate in psychosexual evaluation or his assertion of his right to remain silent during the proceedings.  The father had not provided DSS with verification of employment or housing, he had not participated in parenting classes, and he had not paid child support or visited the children.  He has tested positive for drug use in the recent past as well.