COURT OF APPEALS OF VIRGINIA

Present: Judges Huff, Russell and Athey

Argued at Fredericksburg, Virginia

CULPEPER COUNTY DEPARTMENT OF 

 SOCIAL SERVICES

v. Record No. 0867-19-4

VANESSA CAISON

CULPEPER COUNTY DEPARTMENT OF 

 SOCIAL SERVICES

v. Record No. 0900-19-4

VANESSA CAISON MEMORANDUM OPINION* BY

 JUDGE GLEN A. HUFF

CULPEPER COUNTY DEPARTMENT OF JANUARY 28, 2020

 SOCIAL SERVICES

v. Record No. 0901-19-4

VANESSA CAISON

CULPEPER COUNTY DEPARTMENT OF 

 SOCIAL SERVICES

v. Record No. 0902-19-4

VANESSA CAISON

FROM THE CIRCUIT COURT OF CULPEPER COUNTY

Susan L. Whitlock, Judge

Bobbi Jo Alexis, County Attorney; Christian A. Brashear, Guardian 

ad litem for the infant children (Office of the County Attorney, on 

briefs), for appellant.

James S. Reid for appellee.

* Pursuant to Code § 17.1-413, this opinion is not designated for publication.

UNPUBLISHED
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The Culpeper County Department of Social Services (“DSS” or the “Department”) 

brought petitions for permanency planning and for termination of Vanessa Caison’s (“mother”) 

parental rights related to two of her children, J.C. and D.C. The Juvenile and Domestic Relations 

District Court of Culpeper County (“JDR court”) granted the petitions, terminated mother’s 

parental rights, and approved foster care plans for both children with the final goal of adoption. 

Mother appealed to the Circuit Court of Culpeper County, which held that it lacked subject 

matter jurisdiction and dismissed each of the four petitions.

The circuit court possessed both active and potential jurisdiction over these matters. 

Therefore, this Court reverses the circuit court’s rulings and remands the matters for further 

proceedings.

I. BACKGROUND

The Department received a report of concern for the well-being of D.C. and J.C. and 

opened a family assessment on February 12, 2017. On March 3, 2017, the family was referred to 

prevention services. On March 6, 2017, the Department received a report of alleged child 

abuse/neglect claiming that mother was under the influence of PCP and unable to care for her 

children. The next day, DSS filed emergency removal petitions in the JDR court. Both petitions 

were granted the same day, and custody of D.C. and J.C. was transferred to DSS. The 

Department filed initial foster care service plans and petitions for permanency planning with the 

goal of returning both children to their home.

In June of 2018, the Department revised its assessment and determined that the best 

interests of both children required termination of mother’s parental rights and a foster care plan 

of adoption. DSS submitted corresponding foster care plans, petitions for permanency planning, 
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and petitions for the termination of parental rights1to the JDR court for both children. In J.C.’s 

cases, the petition for permanency planning, foster care plan, and foster care plan transmittal 

form were each stamped “received” on July 2, 2018, and the clerk’s office prepared 

corresponding summonses the next day. A petition for termination of parental rights was 

subsequently filed on July 24, 2018. In D.C.’s cases, the foster care plan and foster care plan 

transmittal form were each stamped “received” on July 2, 2018. The petition for permanency 

planning, however, was not stamped. Nonetheless, corresponding summonses for the 

permanency planning hearing were prepared by the clerk’s office on July 2, 2018. As in J.C.’s 

case, the petition for termination of parental rights in D.C.’s case was filed on July 24, 2018. 

The four petitions came before the JDR court and were granted on December 18, 2018. Mother 

appealed to the circuit court.

On March 12, 2019, at the outset of the de novo hearing on appeal, the circuit court, 

acting sua sponte, raised concerns over its jurisdiction. Mother then moved to dismiss all four 

petitions for lack of jurisdiction. Mother contended that none of the relevant documents were 

“filed” because the clerk’s office had only stamped the documents “received” and not “filed.” 

Mother also noted that the petition for permanency planning associated with J.C. had no stamp

— “received” or otherwise — from the clerk’s office. These deficiencies, mother argued, 

deprived the circuit court of jurisdiction over the cases.

In response, DSS called Bethany McClanahan, Clerk of the JDR court for Culpeper

County, as a witness. McClanahan testified that the clerk’s office considers documents to be 

filed when they are received. She also identified the “received” stamps on the documents as 

being the stamp issued to her by the Supreme Court of Virginia. Regarding the unstamped 

1 The Department also sought and obtained termination of the parental rights of the 

children’s fathers. However, these orders are not at issue in this appeal.
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petition for permanency planning, McClanahan had no direct knowledge of its filing date. 

However, she testified that her office does not accept any petition for permanency planning 

unless it is accompanied by the other necessary documents, to include foster care plans and a 

foster care plan transmittal form. Therefore, she claimed that a “received stamp” and date on any 

of those documents indicated that accompanying documents were also filed that day. 

Ruling from the bench, the circuit court determined that it lacked jurisdiction over the 

cases. It held that a document being “received” is not the same as “filed” under Rule 1:4(h). 

Because none of the petitions in either case were stamped “filed” by the JDR court, the circuit 

court determined that none of the petitions were properly “filed” for purposes of Rule 1:4(h). 

Therefore, the circuit court ruled that it had no jurisdiction and ordered the appeals dismissed.

On May 10, 2019, the circuit court issued a written order memorializing its holding from 

the bench and dismissing the cases “for lack of subject matter jurisdiction.” It also noted, for the 

first time, that the lack of a date-stamp on the petition for permanency planning in D.C.’s case

left the court unable to determine whether it was received prior to the corresponding petition for 

termination of parental rights—implying that a petition for permanency planning is a statutory 

prerequisite to a petition for termination of parental rights. This appeal followed.

II. STANDARD OF REVIEW

Jurisdictional challenges present questions of law that this Court reviews de novo. Gray 

v. Binder, 294 Va. 268, 275 (2017) (citing Glasser & Glasser, PLC v. Jack Bays, Inc., 285 Va. 

358, 369 (2013)). A circuit court’s interpretations of statutes and the Rules of the Supreme Court 

of Virginia are also reviewed de novo. Muse Const. Grp., Inc. v. Commonwealth Bd. for 

Contractors, 61 Va. App. 125, 130 (2012). In construing such language, this Court “must give 

effect to the [drafters’] intention[s] as expressed by the language used unless a literal 

interpretation of the language would result in a manifest absurdity.” Id. at 130-31 (quoting 
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Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96, 104 (2007)) (alterations in 

original).

III. ANALYSIS

The circuit court’s determination that it lacked subject matter jurisdiction had two bases. 

First, it interpreted Rule 1:4(h) to be jurisdictional and determined that the petitions were not 

properly filed in accordance with that rule. Second, it noted that it was “unable to determine 

whether the petition for permanency planning was filed prior to the petition for termination” in 

D.C.’s case. Implicitly then, the circuit court interpreted the relevant code provisions to require a 

petition for permanency planning to be filed prior to a petition for termination of parental rights.

The circuit court erred in holding that it lacked subject matter jurisdiction. Neither of the 

bases of its opinion could negate subject matter, or potential, jurisdiction. At best, they could 

only affect whether a court possesses active jurisdiction. Furthermore, this Court concludes that 

Rule 1:4(h) is non-jurisdictional and that the petition for permanency planning in D.C.’s case 

was filed prior to the petition for termination of parental rights. Therefore, the circuit court also 

erred to the extent that it determined that it lacked active jurisdiction.

A. Jurisdiction2

A court must possess both “potential” and “active” jurisdiction to adjudicate the merits of 

a case. Whitt v. Commonwealth, 61 Va. App. 637, 649 (2013) (citing Ghameshlouy v. 

Commonwealth, 279 Va. 379, 388-89 (2010)). Although the two are often lumped together 

under the umbrella of “subject matter jurisdiction,” that is incorrect. See Smith v. 

Commonwealth, 281 Va. 464, 467 (2011). They are separate and distinct legal concepts. Id. 

2 At oral argument, mother conceded that the circuit court erred in ruling it lacked subject 

matter jurisdiction and argued that the defects negated only the active jurisdiction of the circuit

court. However, this Court is not bound by a litigant’s concession of law and must 

independently ensure the correct legal principles are applied. Logan v. Commonwealth, 47 

Va. App. 168, 171 (2005) (en banc).
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“‘[P]otential jurisdiction’ is ‘the power granted by the sovereignty creating the court to hear and 

determine controversies of a given character,’ or, in other words, ‘jurisdiction over the 

subject-matter.’” Whitt, 61 Va. App. at 649 (quoting Farrant Inv. Corp. v. Francis, 138 Va. 417, 

427 (1924)).

Active jurisdiction refers to the court’s authority to adjudicate the merits of any specific 

case. Id. at 650. There are “four essential requisites” to confer active jurisdiction upon a court:

(1) potential jurisdiction, (2) territorial jurisdiction, (3) actual 

jurisdiction of the subject matter where the proceeding is in rem,

and also of the proper parties where the proceeding is personal, and 

(4) the other conditions of fact must exist which are demanded by 

the unwritten or statute law as the prerequisites of the authority of 

the court to proceed to judgment or decree.

Farrant Inv. Corp., 138 Va. at 427-28. However, because active jurisdiction is required only to 

render judgment on the merits of a case, a court which lacks active jurisdiction nevertheless has 

authority to adjudicate ancillary matters such as defects in pleadings. Whitt, 61 Va. App. at 

650-51.

JDR courts are creations of the General Assembly. Va. Const. art. VI, § 8; Code 

§ 16.1-69.7. As such, “[t]hey are courts of limited jurisdiction and may exercise only such 

subject matter jurisdiction as has been expressly conferred by statute.” See Parrish v. Federal 

National Mortgage Association, 292 Va. 44, 49 (2016) (citing Addison v. Salyer, 185 Va. 644, 

648 (1946)). “It is well-settled that when exercising its appellate jurisdiction in a de novo

appeal, the circuit court’s subject matter jurisdiction is derivative of the court not of record from 

which that appeal is taken.” Id. (citing Addison, 185 Va. at 651-52). “Therefore, when 

exercising its de novo appellate jurisdiction, the circuit court has no more subject matter 

jurisdiction than the . . . district court had in that court’s original proceeding.” Id. Accordingly, 

the scope of the JDR court’s subject matter jurisdiction is dispositive of the circuit court’s 

subject matter jurisdiction.
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There is no question that the circuit court possessed potential jurisdiction over the 

petitions. Code §§ 16.1-241(A)(1), 16.1-281, and 16.1-282.1 confer subject matter jurisdiction 

on JDR courts to hear petitions for permanency planning. Similarly, Code §§ 16.1-241(A)(5) 

and 16.1-283 confer subject matter jurisdiction on JDR courts to hear petitions for the 

termination of parental rights. These provisions gave the circuit court derivative jurisdiction in 

this de novo appeal.3 See Parrish, 292 Va. at 49. Accordingly, the circuit court erred when it 

determined that it lacked subject matter (or potential) jurisdiction.

B. Rule 1:4(h)

The circuit court determined that it lacked jurisdiction due to two purported filing errors. 

First, it ruled that the petitions were not filed because “‘received’ does not equate with ‘filed’ as 

‘received’ is when the clerk takes custody of the document and ‘filed’ is when it becomes part of 

the record.” The circuit court further held that the petitions failed to meet the requirements of 

Rule 1:4(h), thereby implicitly determining that Rule 1:4(h) is jurisdictional. The circuit court 

erred on both accounts.

The record is clear that each of the four petitions in these matters was filed.4 “When not 

filed electronically, a pleading is filed when it is physically delivered to the clerk of court.” 

Alexandria Redevelopment and Housing Authority v. Walker, 290 Va. 150, 156 (2015) (citations 

omitted). Each of the four petitions appears in the record transmitted to the circuit court by the 

JDR court. Necessarily then, each of the petitions was delivered to the clerk of the JDR court 

3 Code § 16.1-241(A)(5) grants concurrent jurisdiction to the circuit courts in petitions for 

termination of parental rights. However, “[a] court’s appellate jurisdiction is distinct from its 

original jurisdiction.” Parrish, 292 Va. at 49 n.1. Its grant of original jurisdiction is not invoked 

in an appeal and, therefore, has no bearing on this Court’s analysis. See id.

4 Mother also conceded at the oral argument that “received” equates to “filed” in this 

circumstance. While this Court appreciates her candor, this too is a concession of law. 

Therefore, this Court must independently examine the law. See Logan, 47 Va. App. at 171.
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and each of them was therefore “filed.” That the clerk’s office stamped documents “received” as 

opposed to “filed” is of no import in determining whether the documents were filed. See id. at 

156-58 (rejecting appellee’s argument that a “document is filed only when the clerk of court 

stamps it as filed”).

The circuit court further determined that the petitions were not properly filed because 

they did not meet the requirements of Rule 1:4(h). This rule provides that “[t]he clerk shall note 

and attest the filing date on every pleading.” Rule 1:4(h). The circuit court determined that the 

clerk’s stamp that the pleadings were “received” was necessarily different from an attestation 

that they were “filed.” Therefore, the circuit court reasoned, Rule 1:4(h) was not satisfied and it 

could not assume jurisdiction over the petitions.

Setting aside the fact that a document is “filed” when the clerk “receives” it, compliance 

with Rule 1:4(h) is not jurisdictional. It has long been the law that a litigant who complied with 

the requirements prescribed by the rules of court “should not be denied a review simply because 

of an error made by a ministerial officer of the court.” Leigh v. Commonwealth, 192 Va. 583, 

587 (1951). Thus, whether the clerk’s office’s attestation satisfies Rule 1:4(h) has no bearing on 

whether the court can assume active jurisdiction over the matter. The controlling factor is 

whether the document was timely filed. See, e.g., Alexandria Redevelopment, 290 Va. at 

156-58; Leigh, 192 Va. at 585-87.

C. Petition for Permanency Planning

The circuit court ruled that it lacked jurisdiction over D.C.’s cases because it was “unable 

to determine whether the petition for permanency planning was filed prior to the petition for 

termination in D.C.’s case.” Implicitly, this means the circuit court also held that the filing of a 

petition for permanency planning is a condition precedent to filing a petition for termination of 
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parental rights under Code § 16.1-283(A).

5

 However, this Court need not reach that subsidiary 

question because, in either event, the petition for permanency planning in D.C.’s case was filed 

prior to the petition for termination of parental rights.

The clerk of the JDR court testified that her office accepts a petition for permanency 

planning, foster care plan, or foster care plan transmittal form only if all three are submitted 

simultaneously. Although the petition for permanency planning related to D.C. was not stamped 

“received,” each section of the foster care plan and the transmittal form were stamped on July 2, 

2018. Furthermore, on the same day, the clerk’s office prepared three summonses for the 

hearing on the petition for permanency planning. Each summons stated that the petition for 

permanency planning was attached. Therefore, it is apparent from the record that the petition for 

permanency planning was also filed on July 2, 2018; well before the July 24, 2018 filing of the 

petition for termination of parental rights.

“In this case, as in all others, we seek to decide cases, ‘on the best and narrowest ground 

available’ from the record.” Foltz v. Commonwealth, 58 Va. App. 107, 114 (2011) (quoting 

Kirby v. Commonwealth, 50 Va. App. 691, 698 n.2 (2007)). Because the petition for 

permanency planning in D.C.’s case was filed prior to the petition for termination of parental 

rights, this Court need not reach the proper interpretation of Code § 16.1-283(A). Even if that 

statute does require a petition for permanency planning to be filed as a prerequisite to a petition 

for termination of parental rights, that was done here. Accordingly, the circuit court erred in 

determining that it lacked active jurisdiction on these grounds.

5 Code § 16.1-283(A) provides that “[n]o petition seeking termination of residual parental 

rights shall be accepted by the court prior to the filing of a foster care plan, pursuant to 

§ 16.1-281, which documents termination of residual parental rights as being in the best interests 

of the child.”
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IV. CONCLUSION

The circuit court possessed both active and potential jurisdiction in the proceedings 

below. The subject matter of the petitions was within the circuit court’s jurisdictional grant. 

Rule 1:4(h) is not jurisdictional, and each of the four petitions was “filed” upon the date it was

physically received by the clerk’s office. Lastly, even if a petition for permanency planning 

must be filed before a petition for termination of parental rights, that was done here. Therefore, 

the circuit’s ruling that it lacked potential and active jurisdiction was error. These matters are

remanded for further proceedings not inconsistent with this opinion.

Reversed and remanded.