Ardelle Lowe v. Department of Public Welfare of the City of Richmond

Summary

The Supreme Court of Virginia affirmed a trial court order terminating a natural mother's residual parental rights in her son under Code § 16.1-283(B). The sole issue on appeal was whether the evidence supported the trial court's finding that it was not reasonably likely that the conditions resulting in the child's neglect or abuse could be substantially corrected or eliminated so as to allow his safe return within a reasonable period of time. The court held that evidence of the mother's schizophrenia, psychosis, mental deficiency (IQ 58), and chronic alcoholism, persisting for years without appreciable improvement despite rehabilitation efforts, constituted prima facie evidence under Code § 16.1-283(B)(2)(a) that she could not undertake responsibility for the child's care, and she failed to rebut it; the ore tenus finding was therefore not plainly wrong or without evidentiary support.