Thursday, February 08, 2007

Split decision on taking custody from DSS of child subject to foster care plan

In Lynchburg Division of Social Services v. Cook, the Virginia Court of Appeals in an opinion by Judge Humphreys joined by Judge Petty with Judge McClanahan dissenting reversed a circuit court order transferring custody of a child in foster care from Social Services to the child's grandparents, concluding that the circuit court was required to make specific findings about whether the circumstances of abuse that led to the taking of custody had been substantially corrected.

The opinion is interesting on the back and forth about statutory construction.

The question I have is why such an interesting opinion and perhaps even important opinion was not published.

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