Child Abandonment and Mother’s Drug Use Results in Parental Rights Termination

In the case of Melissa Pillow Blackard v. Danville Division of Social Services, the Virginia Court of Appeals, in an published opinion, ruled that the trial court did not err in finding Division of Social Services proved by clear and convincing evidence that termination of Mother’s parental rights to her child was proper under Code § 16.1-283(C) and was in child’s best interest.

In doing so, the Court of Appeals noted:

“The evidence is undisputed that Blackard abused drugs while she was pregnant with her son and then abandoned him when he was twelve days old. Although she claims she looked for her son, she failed to contact the police for assistance. Blackard’s son has developed a strong bond with his foster mother, who wants to adopt him. Blackard has not maintained contact with her child and last saw her child when he was two months old. The child is now over two years old and does not know Blackard. Contrary to Blackard’s claim that she had no opportunity to remedy the situation and DSS did not offer her reasonable and appropriate services, the record indicates that DSS offered services to Blackard but could not require her to participate in the services due to her incarceration. Although Blackard has taken advantage of the services offered to her while incarcerated, she continues to have drug abuse issues as evidenced by her claim that she planned to begin Narcotics Anonymous and drug abuse classes.”