Reunification And Potential For Termination Of Parental Rights In Virginia

Introduction

     Oftentimes in Virginia, reunification is a necessary step to take to mend the visitation relationship between a child and a parent. There are many scenarios that can create such a poor relationship between the parent and the child that reunification therapy is needed, such as alleged substance abuse issues of the parent, physical abuse, and emotional and physical absence of the parent from the child’s life.

Reunification

     A Department of Social Services typically has several criteria for successful reunification. These criteria often include, but are not necessarily limited to, a safe and stable home environment, participation in required counseling services to address issues that led to the alleged poor relationship in the first place, and consistent and positive interaction between the parent and child. Other examples include required parenting classes and required treatment for substance abuse.

Examples

     Consider a scenario in which the child has been removed from the father’s home due to a history of purported substance abuse by the father. The Court and/or Department of Social Services may require that father seek a certain level of substance abuse treatment, followed by the completion of a parenting class. If the father fails a drug test during his reunification period or does not complete the required parenting class, the Court may rule that the father is not entitled to visitation with the child, and in extreme cases, may terminate his parental rights entirely.

     The same can be said for situations involving physical and/or emotional abuse. The offending parent and the child may be ordered to attend reunification therapy with a certified reunification therapist. If the therapist determines that the parent is not engaged in the reunification process, or that the child does not feel safe around the parent and the situation is not improving, the parent’s visitation and parental rights may be terminated.

Applicable Case Law

     In Helton v. Henry-Martinsville Department of Social Services, Record No. 0355-24-3, Sept. 24, 2024 the circuit court had ordered the termination of the father’s parental rights. The father argued that he maintained contact with the children and continuously exercised his visitation after the children were placed in foster care. However, the father had not completed the required parenting classes or substance abuse treatment. Additionally, the children were placed in foster care in May 2021, and the father did not visit with them after June 2022 leading up to the trial date in November 2023. It was also determined that the children were thriving in foster care, and were fearful of returning home and complained about father’s behavior.

Conclusion

     It is important to remember that the reunification process and its requirements are not a punishment. It is designed to mend the relationship between a parent and child and create a healthy environment for both parties to thrive. If you are in a situation where your relationship or your partner’s relationship with your child warrants reunification to a point where this might be necessary, we can help you take the necessary next steps. Please call one of our offices at (804) 325-1245 (Richmond) or (757) 941-4298 (Williamsburg) to discuss how our experienced family law attorneys can be of assistance. 

Special thanks to Owen Togna for editorial assistance in drafting this article.