Lecky v. Reed
In Lecky v. Reed, 20 Va. App. 306, 456 S.E.2d 538 (1995), the trial court found that termination would be in the best interests of the child and that the mother had been "'unwilling and unable to remedy substantially the conditions which led to the foster care placement . . . .'" Id. at 310, 456 S.E.2d at 540.
Nevertheless, the trial court found that the mother's young age, fourteen, constituted "good cause" under the statute and denied termination. Lecky, 20 Va. App. at 310-11, 456 S.E.2d at 540.
In reviewing the decision of the trial court, we held:
The statute clearly contemplates that efforts to resolve the "conditions" relevant to termination are constrained by time. Code 16.1-283(C)(2).
Absent "good cause," a parent or parents receiving the "reasonable and appropriate" services of "rehabilitative agencies" must "remedy substantially" the "conditions which led to . . . foster care" of the child in a "reasonable period not to exceed twelve months." Id.
In Lecky, the issue on appeal was not the best interests of the child; rather the Court only addressed the time constraints contained in Code 16.1-283(C).