Derrick Horton v. City of Hampton Department of Social Services

COURT OF APPEALS OF VIRGINIA
Present: Judge McClanahan, Senior Judges Coleman and Annunziata
DERRICK HORTON
MEMORANDUM OPINION*
v. Record No. 0063-06-1 PER CURIAM
JUNE 27, 2006
CITY OF HAMPTON
DEPARTMENT OF SOCIAL SERVICES
FROM THE CIRCUIT COURT OF THE CITY OF HAMPTON
William C. Andrews, III, Judge
(M. Woodrow Griffin, Jr., on brief), for appellant.
(Rachel F. Allen, Assistant City Attorney; Tonya Henderson–Stith,
Guardian ad litem for the infant child; McDermott, Roe & Walter, on
brief), for appellee.
Derrick Horton appeals the trial court’s decision terminating his parental rights to T.H.
pursuant to Code §§ 16.1-283(C)(1) and (2). Horton contends (1) the evidence failed to prove
termination was justified and (2) his incarceration was an insufficient basis to terminate his
parental rights.
The trial court terminated Horton’s residual parental rights based upon Code
§§ 16.1-283(C)(1) and (2). On appeal, Horton presents no argument that the trial court erred in
terminating his parental rights pursuant to Code § 16.1-283(C)(1) (i.e., that he “failed to maintain
continuing contact with and to provide or substantially plan for the future of the child for a
period of six months after the child’s placement in foster care”). When termination of parental
rights under one subdivision of Code § 16.1-283 is upheld or not contested, we need not consider
termination under alternative subdivisions. See Fields v. Dinwiddie County Dep’t of Soc. Servs.,
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
46 Va. App. 7, 8, 614 S.E.2d 656, 659 (2005). Accordingly, because Horton fails to contest
termination pursuant to Code § 16.1-283(C)(1), we summarily affirm the decision of the trial
court. See Rule 5A:27.
Affirmed.
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