Stanley v. Fairfax County Department of Social Services

A juvenile court determined that Melvin and Donna Stanley (defendants) had abused and neglected their three children, and the court awarded custody to the Fairfax County Department of Social Services (the department). A guardian ad litem (GAL) had been appointed to represent the children in this dependency proceeding. After counseling efforts failed, the department filed plans with the juvenile court for the children’s foster care and recommended that the permanency goal be adoption. The department’s plans also indicated that the department planned to file petitions for the termination of parental rights. For some reason, the department did not file the petitions; however, the children’s GAL did file the termination-of-parental-rights petitions. About nine months later, the department was able to grant the maternal grandmother custody of one of the children, so the department amended its foster-care plan regarding that child. Subsequently, the juvenile court terminated the Stanleys’ parental rights to all three children, and Donna appealed. On appeal, Donna argued that the children’s GAL did not have standing to petition a court to terminate the residual parental rights of a foster child’s parent. A circuit court affirmed the termination of parental rights, but a court of appeals affirmed the termination for only two children because the amended foster-care plan for the third child recommended placement with the maternal grandmother, not termination of parental rights. The Virginia Supreme Court allowed Donna to appeal so that it could address the important question of whether a child’s GAL has standing to petition a court for the termination of a parent’s parental rights.