COURT OF APPEALS OF VIRGINIA 

Present: Chief Judge Fitzpatrick, Judge Bumgardner 

 and Senior Judge Hodges 

SHANICA DeJESUS 

 MEMORANDUM OPINION* 

v. Record No. 1061-01-2 PER CURIAM 

 SEPTEMBER 25, 2001 

RICHMOND DEPARTMENT OF 

 SOCIAL SERVICES 

FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND 

Randall G. Johnson, Judge 

 (Robert D. Shrader, Jr.; Steingold and 

Shrader, on brief), for appellant. 

 (Kate D. O'Leary, Assistant City Attorney; 

Robert Carl, Guardian ad litem for the 

infant child, on brief), for appellee. 

 Shanica DeJesus (mother) appeals the decision of the circuit 

court terminating her residual parental rights in her son, Isaiah 

DeJesus. On appeal, mother contends the trial court erred in 

finding the evidence sufficient to terminate her parental rights 

under Code § 16.1-283(B) and 16.1-283(C)(1) and (2). Upon 

reviewing the record and briefs of the parties, we conclude that 

this appeal is without merit. Accordingly, we summarily affirm 

the decision of the trial court. See Rule 5A:27. 

 On appeal, we view the evidence and all the reasonable 

inferences in the light most favorable to appellee as the party 

 

* Pursuant to Code § 17.1-413, this opinion is not 

designated for publication.
prevailing below. See McGuire v. McGuire, 10 Va. App. 248, 250, 

391 S.E.2d 344, 346 (1990). 

Background

 In October 1999, the Richmond Juvenile and Domestic Relations 

District Court awarded custody of Isaiah to the Department of 

Social Services (the Department) pursuant to an abuse and neglect 

petition. The goal of the initial foster care plan was to return 

Isaiah to mother's home. The plan required mother to continue 

treatments with her psychiatrist and mandated she maintain housing 

and financial stability. She was also to maintain contact with 

Isaiah and cooperate with the Department. Isaiah was placed in 

mother's physical custody on March 29, 2000. However, when Ms. 

Brice, a foster care worker, visited mother's home on April 21, 

2000, mother behaved erratically and Brice contacted the police. 

Mother was admitted to a psychiatric hospital, and Isaiah was 

returned to foster care. 

 The Department submitted a new plan for Isaiah with the goal 

of adoption. The juvenile and domestic relations district court 

approved the plan on December 12, 2000, and terminated the 

parental rights of mother and Isaiah's father, Torrance Jenkins. 

 Mother has been diagnosed with a schizoaffective disorder. 

She has difficulty complying with required treatment, including 

failing to take necessary medication. Without proper medication, 

mother experiences psychotic episodes. During the time that 

Isaiah has been in foster care, mother has been hospitalized on 

- 2 -
four separate occasions. Mother has failed to complete parenting 

classes, never regained stable housing, and has not achieved 

financial stability. 

Analysis

 When addressing matters concerning a 

child, including the termination of a 

parent's residual parental rights, the 

paramount consideration of a trial court is 

the child's best interests. See Toombs v. 

Lynchburg Div. of Soc. Servs., 223 Va. 225, 

230, 288 S.E.2d 405, 407-08 (1982); Farley 

v. Farley, 9 Va. App. 326, 329, 387 S.E.2d 

794, 796 (1990). On review, "[a] trial 

court is presumed to have thoroughly weighed 

all the evidence, considered the statutory 

requirements, and made its determination 

based on the child's best interests." 

Farley, 9 Va. App. at 329, 387 S.E.2d at 796 

(citing Brown v. Brown, 218 Va. 196, 200, 

237 S.E.2d 89, 92 (1977)). Furthermore, the 

evidence is viewed in the light most 

favorable to the prevailing party below and 

its evidence is afforded all reasonable 

inferences fairly deducible therefrom. 

Farley, 9 Va. App. at 328, 387 S.E.2d at 

795. 

Logan v. Fairfax County Dep't of Human Servs., 13 Va. App. 123, 

128, 409 S.E.2d 460, 463 (1991). In pertinent part, Code 

§ 16.1-283(B) provides: 

The residual parental rights of a parent or 

parents of a child found by the court to be 

neglected or abused and placed in foster 

care as a result of (i) court commitment 

. . . may be terminated if the court finds, 

based upon clear and convincing evidence, 

that it is in the best interests of the 

child and that: 

 1. The neglect or abuse suffered by 

such child presented a serious and 

- 3 -
substantial threat to his life, health or 

development; and 

 2. It is not reasonably likely that 

the conditions which resulted in such 

neglect or abuse can be substantially 

corrected or eliminated so as to allow the 

child's safe return to his parent or parents 

within a reasonable period of time. 

 Under Code § 16.1-283(C)(2) the court can terminate a 

party's parental rights if the parent has "been unwilling or 

unable within a reasonable period of time not to exceed twelve 

months from the date the child was placed in foster care to 

remedy substantially the conditions which led to or required 

continuation of the child's foster care placement." Isaiah had 

to be removed twice from mother's care, the second time because 

of mother's erratic, combative, and dangerous behavior. She 

suffers from a severe psychiatric disorder which has required 

four hospitalizations within the time Isaiah has been in foster 

care. Mother has failed in over twelve months to remedy the 

situation leading to Isaiah's foster care. She has not 

stabilized her living situation, her financial situation, or her 

psychiatric illness. She failed to maintain contact with Isaiah 

and did not complete required parenting classes. 

[A] parent's mental deficiency that is of 

such severity that there is no reasonable 

expectation that such parent will be able 

within a reasonable period of time befitting 

the child's best interests to undertake 

responsibility for the care needed by the 

child in accordance with the child's age and 

- 4 -
stage of development does not constitute 

"good cause" under Code § 16.1-283(C)(2). 

Richmond Dep't of Soc. Servs. v. L.P., 35 Va. App. 573, 585, 546 

S.E.2d 749, 755 (2001). Mother's inability to remedy the 

conditions that led to Isaiah's placement in foster care was 

without "good cause." Accordingly, we summarily affirm the 

decision of the trial court. See Rule 5A:27. 

Affirmed. 

- 5 -