Parental Rights Terminated When Mother Refused to Acknowledge Parental Deficiencies and Thwarted Counseling Efforts to Remedy Deficiencies

Hansberry v. Charlottesville Dep't of Soc. Servs., No. 0117- 03-2, 2003 WL 21391022 (Va. Ct. App. June 17, 2003); 18(6) Virginia Lawyers Weekly 136 (July 14, 2003)

The Virginia Court of Appeals held that a mother's parental rights were appropriately terminated when evidence was presented the mother refused to acknowledge that any deficiencies in her parental abilities existed and she appeared to thwart attempts to provide her with mental health and counseling services designed to remediate her lack of parenting and supervisory skills. A clinical psychologist who evaluated the mother's emotional and cognitive functioning testified (1) that her cognitive functioning fell in the "borderline range," (2) that although persons functioning within this range can learn new skills, their inability to apply this learning to new situations was unlikely to change, (3) that the mother tended to be emotionally reactive, hostile, and oppositional, particularly when under stress and this accounted for her difficulty in making use of the assistance other people might provider her, and (4) that her tendency to deny problems and externalize blame, among other things, made it unlikely she would be able to adequately identify and respond to her children's needs....

Found in DMHL Volume 23 Issue 1

Parental Rights Terminated for Failure to Remedy Mental Health, Substance Abuse, and Domestic Violence Issues that Adversely Affected Ability to Properly Parent Children

Carr v. James City County Div. of Soc. Servs., Nos. 0339-04-1 , 0499-04-1 , 2004 WL 1822374 (Va.
Ct. App. 2004)

It is not unusual for mental illness and substance abuse to figure prominently in a decision to remove a child from the custody of a parent, as well as in a decision to ultimately terminate parental rights. The Virginia Court of Appeals ruled that a mother's failure to remedy issues associated with mental health, substance abuse, and domestic violence that adversely affected her ability to properly parent her children provided a sufficient basis for terminating the mother's parental rights. The court indicated that the focus is not whether steps have been taken to remedy these issues, but what has been achieved as a result of these steps...

Found in DMHL Volume 24 Issue 2

Suit Dismissed Against Therapist for Alleged Role in Conspiracy to Deny Child Custody to Mother; Ruling Not Disturbed

Elwood v. Morin, 84 Fed. Appx. 964 (9th Cir. 2004), cert. denied 125 S. Ct. 271 (2004)

Child custody disputes are frequently bitterly contested.  Mental health professionals may be asked to play a pivotal role by formulating and submitting a report regarding who should be assigned custody. A disappointed party may subsequently file a lawsuit alleging improper behavior by the mental health professional in reaching his or her opinion...

Found in DMHL Volume 24 Issue 2

Grandparent Visitation Order Based on Diagnostic Evaluation of Parent, Children, and Grandparents Upheld; Ruling Not Disturbed

Moriarty v. Bradt, 827 A.2d 203 (N.J. 2003), at http://lawlibrary.rutgers.edu/ courts/supreme/a-145-01.opn.html,  cert. denied, 124 S. Ct. 1408 (2004)

Historically, grandparents had no legal right to petition for court-ordered visitation with their grandchildren.  Today, every state has enacted legislation that authorizes such orders under certain circumstances despite the objection of the children's parents. Although the U.S. Supreme Court in Troxel v. Granville (2000) struck down what it characterized as the "breathtakingly broad" grandparent visitation statute enacted by the State of Washington, it did not find such statutes to be inherently unconstitutional and its deeply splintered opinion provided little guidance to courts reviewing the enactments of other states...

Found in DMHL Volume 24 Issue 2

Parental Rights Terminated for Failure to Remedy Mental Health, Substance Abuse, and Domestic Violence Issues That Adversely Affected Ability to Properly Parent Children

Carr v. James City County Div. of Soc. Servs., Nos. 0339-04-1, 0499-04-1, 2004 WL 1822374 (Va. Ct. App. 2004 )

It is not unusual for mental illness and substance abuse to figure prominently in a decision to remove a child from the custody of a parent, as well as in a decision to ultimately terminate parental rights.  In a recent case, the Virginia Court of Appeals ruled that a mother's failure to remedy issues associated with mental health, substance abuse, and domestic violence that adversely affected her ability to properly parent her children provided a sufficient basis for terminating the mother's parental rights.  The court indicated that its focus is not whether steps have been taken to remedy these issues, but what has been achieved as the results of these steps...

Found in DMHL Volume 24 Issue 1

Termination of Parental Rights of Woman Who Suffered from Situational Anxiety Disorder Rejected

Richmond Dep't of Soc. Servs. v. Enriquez, No. 1650-03-2 (Va. Ct. App. July 13, 2004)

The Virginia Court of Appeals refused to terminate a woman's parental rights after concluding that there was sufficient evidence to establish that the woman had made substantial efforts to remedy the conditions that led to the placement of her son in foster care.  The court cited the woman's attendance at recommended programs and services, her independently obtaining one-on-one sessions with the director of community violence services, and her participation in individual counseling, even after an initial ruling terminated her parental rights....

Found in DMHL Volume 24 Issue 1

Ruling That Dismissed Suit Against Therapist for Alleged Role in Conspiracy to Deny Child Custody to Mother Not Disturbed

Elwood v. Morin, No. 02- 56077, 2004 WL 26713 (9th Cir. 2004), cert. denied 125 S. Ct. 271 (2004)

Child custody disputes are frequently bitterly contested.  Mental health professionals may be asked to play a pivotal role by formulating and submitting a report regarding who should be assigned custody.  A disappointed party may subsequently file a lawsuit alleging improper behavior by the mental health professional in reaching his or her opinion. The U.S. Supreme Court declined to review a ruling by the Ninth Circuit that affirmed the dismissal of a lawsuit that alleged that a therapist had participated in a conspiracy to deprive a mother of the custody of her children...

Found in DMHL Volume 24 Issue 1

Parent May Be Denied Access to Child's Mental Health Records During Divorce and Custody Proceedings

In re Berg, 886 A.2d 980 (N.H. 2005)

Children may be receiving mental health services while their parents are in the process of becoming divorced.  During a custody dispute, a parent may seek to gain access to a child's mental health records in an effort to establish through the discussions between the child and the child's therapist that the other parent has engaged in inappropriate conduct. Although parents generally have a right to access the mental health records of their children, the New Hampshire Supreme Court ruled that this right is significantly limited when asserted in connection with divorce proceedings and custody disputes...

Found in DMHL Volume 25 Issue 2

Ohio Supreme Court Upholds Statute Permitting Grandparents to Seek Visitation Rights But Requires That Special Weight Be Given to Parents' Objections

Harrold v. Collier, 836 N.E.2d 1165 (Ohio 2005)

Historically, grandparents had no legal right to continue their relationship with their grandchildren when their own child (the grandchild's parent) died, divorced, or had his or her parental rights terminated.  This position was based on the view that custodial parents should generally be able to decide who can associate with their child.  During the 1980s and '90s, what are generally referred to as "grandparent visitation laws" were widely enacted to facilitate grandparents' ability to maintain contact with their grandchildren after a rift developed between the grandparents and a grandchild's custodial parent...

Found in DMHL Volume 25 Issue 1

Parental Rights of Woman with Schizophrenia Terminated for Failing to Take Needed Medication

Fields v. Dinwiddie County Dep't of Social Servs., 614 S.E.2d 656 (Va. Ct. App. 2005)

The Virginia Court of Appeals ruled that a woman's failure to consistently take the medication needed to control her mental illness could serve as the basis for terminating her parental rights.  Diagnosed with schizophrenia, the woman lost custody of her son immediately after his birth.  At the hospital she had initially said that she did not know she was pregnant and then stated that she had become pregnant from a tomato seed she had eaten in a can of spaghetti.  She lived alone at the time in a condemned house with no running water and only one working electrical outlet...

Found in DMHL Volume 25 Issue 1

Showing That a Father Poses a Serious Risk of Psychological or Emotional Harm to His Children Is a Sufficient Basis to Award Custody to Grandparents; Ruling Not Disturbed

In re Marriage of O'Donnell-Lamont, 91 P.3d 721 (Or. 2004), cert. denied, 125 S. Ct. 867 (2005)

Following a divorce, a bitter court battle over who should have custody of the children from the marriage often ensues.  The dispute may focus on who is the children's "psychological parent" (i.e., the parent to whom the children are most emotionally attached) or whether one of the parents pose a risk of psychological or emotional harm to the children...

Found in DMHL Volume 25 Issue 1