Virginia mother who desperately wants her children back keeps fighting in court

SALEM, Va. – A mom who desperately needs her youngsters again retains preventing in court docket. As we’ve reported, 10 Information uncovered seven totally different investigations out of Carroll County.

A kind of circumstances that was investigated is now within the Court docket of Appeals. That is the primary time we’re listening to what occurred from the hearings. 10 Information was contained in the courtroom, and we’re working so that you can clarify why this one case might set a precedent for different circumstances in Virginia.

“We’re actually in a disaster level on this state, and I believe in all probability within the nation, in how we cope with households in disaster,” stated John Koehler, the lawyer representing Angie Key.

The mom of three is preventing for custody of her three children after the county took them away as a consequence of substance abuse.

Koehler says a report from the Commonwealth must be a part of her case and make a distinction in getting her children again.

It exhibits how the Carroll County Division of Social Providers “confirmed little regard for the legal guidelines, rules, and insurance policies” that will have protected Angie and her youngsters.

A state investigation discovered, “From the second the kids had been first faraway from her care, the company engaged in actions and made selections that made it more and more tough and in the end unattainable for her to be reunited along with her youngsters.”

[10 NEWS INVESTIGATES: Carroll County DSS under investigation for violating Virginia laws, rules and policies]

However the report was by no means seen by a decide, who in the end dominated it was in the most effective curiosity of the kids to not have contact with their mother. Angie’s lawyer argues the report ought to have been utilized in court docket as a result of it might have modified the result.

The timeline is necessary as a result of it created an insurmountable problem for the household to get again collectively.

• Might 2019: Her three youngsters had been eliminated.

• Might 2021: Juvenile court docket terminates parental rights with the aim of adoption

• November 2021: Angie recordsdata a grievance with the newly opened Workplace of the Youngsters’s Ombudsman, which might examine any division of social providers. The workplace investigates, nevertheless it’s a months lengthy course of.

• February 2022: A two-day trial the place the court docket guidelines that “substantial progress was not made towards unification”

• April 2022: circuit court docket terminates Angie’s parental rights and the kids have now been in foster take care of almost three years. Half of her youngest little one’s life.

“I can think about he in all probability thinks his mommy doesn’t need him,” stated Angie.

However Angie retains preventing. She bought a brand new lawyer and armed with the data the state was investigating Carroll County, she requested the court docket watch for the state’s last report back to make a last choice. However at that time, the decide dominated towards her.

Whereas the investigation of social providers continued, one decide stated even when the report would have been important of Carroll County, “it might not have modified the Court docket’s findings.”

However Angie and her lawyer can’t consider the state investigation isn’t related.

Koehler made that argument in entrance of a three-judge panel earlier this month within the Court docket of Appeals. “When the trial court docket stated ‘I don’t consider the report would change the court docket’s opinion.’ My response to that’s ‘How can the court docket know whether or not the report would change its opinion? When the court docket doesn’t know what’s within the report?’”

Throughout this time, Angie was drug-free, going to counseling and being frequently drug examined. However the state investigation exhibits Carroll County didn’t correctly deal with her case. The state investigation confirmed:

• ”The shortage of urgency or curiosity” to “obtain reunification”

• ”Lack of significant visitation with the kids”

• Court docket data that contained incomplete and inaccurate data, and

• ”Troubling inner insurance policies”

10 Information wasn’t allowed a digicam contained in the courtroom, however we did get a recording of the listening to. Carroll County argues that the kids want stability. Koehler argues this case was mishandled, confirmed by a state investigation and needs Angie to have one other likelihood.

The three-judge panel for the Court docket of Appeals met to listen to the case in Roanoke County. They’ve but to rule, however Koehler needs this case to be an instance. These state investigations are new and courts haven’t used them to make selections about youngsters in foster care.

They might give dad and mom like Angie a greater likelihood at protecting their children when social providers violates legal guidelines and insurance policies.

Key hopes, “it’s going to vary issues for others. If it could possibly’t assist me and my household, and my youngsters, at the very least it could possibly assist others sooner or later.”

It might take three months for a call however Angie plans on probably taking this to the Virginia Supreme Court docket if wanted.

10 Information reached out to Carroll County, however they stated they’re not allowed to touch upon particular person circumstances.

You’ll be able to see the earlier story we did about Angie and the opposite Carroll County investigations right here.