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54 Va. Cir. 174

In re Fordham

Chesterfield County Circuit Court

Decided November 27, 2000

Chesterfield County Circuit Court · decided 2000-11-27

Applies VA 16.1 § 16.1-283

Relies on 19 Va. App. 538 - Alexander v. Morgan

Decided 2000-11-27

BY JUDGE CLEO E. POWELL

¶1This matter came before the Court on an appeal from the Juvenile and Domestic Relations Court. Angela Fordham’s mother and maternal grandmother appealed the decision of the lower court approving the Department of Social Service’s (“DSS”) change in the goal of the child’s foster care service plan from “return to parent” to “adoption.” The DSS filed a motion to dismiss the appeal on the grounds that the order changing the goal of the foster care service plan is interlocutory and thus nonappealable. The Court heard oral arguments and evidence on October 20,2000, and rules as follows.

¶2Virginia Code § 16.1-283 contemplates that a petition seeking a change in goal from “return to parent” to “goal for adoption” can be accomplished by a request for termination of parental rights or can precede such a request. In this case, the DSS requested a change in goal accompanied by a request for termination of parental rights. On May 15,2000, the judge of the Juvenile and Domestic Relations Court ruled that:

the permanent plan as set forth by the petitioner is approved and termination of parental rights has been documented as being in the best interest of the child and adoption is the permanent plan for the child. The agency with custody of the child is directed to file termination of parental rights petitions pursuant to Sec. 16.1-283 and to request that this court set a hearing date on these matters.

¶3It is clear that “[a] final order is one that disposes of the whole subject, gives all the relief contemplated, and leaves nothing to be done in the cause save to superintend ministerially compliance with the order.” Alexander v. *175Morgan, 19 Va. App. 538, 540, 452 S.E.2d 370, 371 (1995). To the extent that the order appealed from leaves matters to be accomplished1md did not dispose of the whole subject, it is not a final order but rather interlocutory and not appealable.

¶4The DSS’s motion is granted and the appeal is dismissed. This matter is stricken from this Court’s docket and remanded to the Juvenile and Domestic Relations Court.

¶5 I.e. file a petition to terminate parental rights and set a hearing therefor.

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