Jason William King, Sr. v. King George Department of Social Services
Jason William King, Sr. v. King George Department of Social Services
Opinion
*209 Jason William King, Sr. appeals the orders terminating his parental rights to his children. King argues that the circuit court erred by sustaining a motion by the King George Department of Social Services (the Department) for summary judgment and terminating his parental rights pursuant to Code § 16.1-283(E)(iii), based on his prior conviction for involuntary manslaughter. 1 Upon reviewing the record and briefs of the parties, we conclude that the circuit court did not err. Accordingly, we affirm the decision of the circuit court.
*210 BACKGROUND
"On review of a trial court's decision to terminate parental rights we view the evidence in the light most favorable to the prevailing party, in this case, the Department, and grant to it all reasonable inferences fairly deducible from the evidence."
Farrell v. Warren County Dep't of Soc. Servs.
,
*660 King and Sonya Brown King (mother) are the biological parents of six children, five of whom are the subject of this appeal. In 2011, King was home with four of his children, who ranged in age from eight months (the infant) to four years old. Three of the children were outside playing. The infant needed her diaper changed, so King, who had a "weak stomach," placed the infant in the bathtub to clean her bottom. The phone rang, and King left the infant in the bathtub with enough water "to splash" while he answered the phone. While he was on the phone, the three-year-old child came into the house and turned the water on in the bathtub where the infant was sitting. King did not hear the child turn on the water, and when he returned to the bathroom, the infant was floating in about a foot of water. He tried to revive the infant, but she was dead. As a result of the incident, the Department became involved. King was subsequently convicted of involuntary manslaughter of the infant pursuant to Code § 18.2-32.
As a result of continuing problems, the Department remained active in monitoring the children throughout the subsequent years and eventually removed the children and filed for termination of King's and mother's parental rights pursuant to Code § 16.1-283. In February 2017, the juvenile and domestic relations district (JDR) court terminated King's parental rights to his children pursuant to Code § 16.1-283(C)(2). King appealed to the circuit court. 2
*211 On July 31 and October 10, 2017, the parties appeared before the circuit court. At the conclusion of the evidence, King made a motion to strike, which the circuit court denied. The Department made a motion for summary judgment. The circuit court directed the parties to submit the motion for summary judgment and response, as well as their closing arguments, in writing. After the documents were filed, the circuit court issued its letter opinion and sustained the Department's motion for summary judgment. On January 9, 2018, the circuit court entered orders terminating King's parental rights to his children pursuant to Code § 16.1-283(E)(iii). This appeal followed.
ANALYSIS
"When considering termination of parental rights, 'the paramount consideration of a trial court is the child's best interests.' "
Fauquier Cty. Dep't of Soc. Servs. v. Ridgeway
,
*212 King argues that the circuit court erred in terminating his parental rights pursuant to Code § 16.1-283(E), which states that a parent's parental rights 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 ... (iii) the parent has been convicted of an offense under the laws of the Commonwealth ... that constitutes felony assault resulting in serious bodily injury or felony bodily *661 wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent ... at the time of such offense.
Code § 16.1-283(E) defines "serious bodily injury" as "bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty."
King asserts that his conviction for involuntary manslaughter was not a "felony assault resulting in serious bodily injury," as required under Code § 16.1-283(E)(iii). This Court addressed a similar argument in
Brown v. Spotsylvania Dep't of Social Services
,
Accordingly, because King's conviction for involuntary manslaughter was a conviction for a "felonious crime that results in serious bodily injury to a child," we conclude that the conviction constitutes a "felony assault resulting in serious bodily injury." Code § 16.1-283(E)(iii). 5
*214
Nevertheless, King argues that
Brown
does not control this case because
*662
involuntary manslaughter requires a different
mens rea
than the crime of child abuse and neglect addressed in
Brown
. We disagree. To obtain a conviction for involuntary manslaughter pursuant to Code § 18.2-32, the Commonwealth must show "(1) the accidental killing of a person, contrary to the intention of the parties; and (2) the death occurs in the defendant's prosecution of an unlawful but not felonious act, or in the defendant's improper performance of a lawful act."
Gregg v. Commonwealth
,
Criminal negligence is also required in order to obtain a conviction for child abuse and neglect pursuant to Code § 40.1-103.
Mosby v. Commonwealth
,
*215
Ellis v. Commonwealth
,
Alternatively, King argues that involuntary manslaughter is not a predicate offense for termination pursuant to Code § 16.1-283 because it is not specifically listed in Code § 16.1-283(E)(ii). Code § 16.1 283(E)(ii) states, in pertinent part, that a parent's parental rights may be terminated when "the parent has been convicted of an offense ... that constitutes murder or voluntary manslaughter ... if the victim of the offense was a child of the parent." Code § 16.1-283(E)(iii) itself, however, subsumes into Code § 16.1-283(E) all the crimes that fit the definition of a "felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault" that are not already listed in Code § 16.1-283(E)(ii). As this Court noted in Brown ,
Code § 16.1-281(B) was enacted in response to42 U.S.C. § 671 , a legislative effort by the federal government to bring uniformity to the states' foster care and adoption assistance programs in exchange for federal aid. See42 U.S.C. § 670 et seq . Code § 16.1-281(B) closely mirrors42 U.S.C. § 671 (a)(15)(D).... Neither the federal statute nor Virginia's statute expressly defines the term "felony assault." The federal statute makes clear in other subsections, however, "that Congress expected the state legislators to insert into the applicable state statutes the state crimes that *216 would meet the federal requirement instead of simply copying that portion of42 U.S.C. § 671 (a)(15)(D)." State v. Florance S. [12 Neb.App. 42 ],666 N.W.2d 741 , 750-52 (Neb. App. 2003), overruled on other grounds by State v. Selina N. [266 Neb. 782 ],669 N.W.2d 429 , 435 (Neb. 2003) ; see also42 U.S.C. § 671 (a)(15)(D)(i) ("the parent has subjected the child to aggravated circumstances (as defined in State law, which definition may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse)").
*663
Brown
,
Finally, King asserts that his parental rights should not be terminated based on his conviction for involuntary manslaughter because the conviction was six years prior to the removal of the children. Code § 16.1-283(E), however, does not impose any time restraints as to when the convictions had to occur in connection with the removal of the children.
Therefore, the circuit court did not err in terminating King's parental rights pursuant to Code § 16.1-283(E)(iii). 7
CONCLUSION
For the foregoing reasons, the circuit court's ruling is affirmed.
Affirmed.
The Department argues that King did not preserve his argument for appeal because he endorsed the final order as "Seen and objected to." However, we find that King preserved his arguments for appeal in his response to the Department's motion for summary judgment and closing argument.
See
Lee v. Lee
,
Mother also appealed to the circuit court, and then to this Court, the court's termination of her parental rights pursuant to Code § 16.1-283(C)(2). This Court affirmed.
See
S. King v. King George Dep't of Soc. Servs.
, No. 0179-18-2,
This Court extended this definition of "felony assault" to Code § 16.1-283(E)(iii), the relevant statute here, in
Kilby v. Culpeper County Dep't of Social Services
,
Code § 16.1-281(B) provides,
The local board or other child welfare agency having custody of the child shall not be required by the court to make reasonable efforts to reunite the child with a parent if the court finds that ... (3) the parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of any other state, the United States or any foreign jurisdiction that constitutes felony assault resulting in serious bodily injury or felony bodily wounding resulting in serious bodily injury or felony sexual assault, if the victim of the offense was a child of the parent or a child with whom the parent resided at the time of such offense.
....
"Serious bodily injury" means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
To the extent that King suggests that
Brown
was incorrectly decided, we note that this Court abides by the doctrine of interpanel accord. A holding by one panel of the Court of Appeals of Virginia "bind[s] all other three-judge panels under the interpanel accord doctrine."
Startin v. Commonwealth
,
To the extent that Code § 40.1-103 requires a showing of willfulness, that requirement incorporates willful negligence.
See
Ellis
,
King also argues that the trial court erred because King made efforts that substantially remedied the conditions which brought the children into foster care. However, the only basis on which the trial court terminated his parental rights was pursuant to Code § 16.1-283(E)(iii) as a result of his conviction for involuntary manslaughter. Therefore, we decline to consider this additional argument.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.