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HAWTHORNE v. SMYTH COUNTY DSS

Record No. 1309-99-3.

531 S.E.2d 639 (2000)

33 Va. App. 130

Debra J. HAWTHORNE and Daniel H. Hawthorne v. SMYTH COUNTY DEPARTMENT OF SOCIAL SERVICES.

Court of Appeals of Virginia, Salem.

August 1, 2000.

Attorney(s) appearing for the Case

Gwen A. Carpenter, Abingdon (Southwest Virginia Legal Aid Society, on brief), for appellants.

Florence A. Powell, Marion (Sondra K. Alan, Bristol, Guardian ad litem for the minor child; Freeman Associates, Marion, on brief), for appellee.

Present: COLEMAN, ANNUNZIATA and BUMGARDNER, JJ.

ANNUNZIATA, Judge.

Debra Hawthorne and Daniel Hawthorne ("appellants") appeal the decision of the Circuit Court of Smyth County terminating their residual parental rights to their son, B.H. Appellants contend the circuit court erroneously held that recent changes in Code § 16.1-283 eliminated the duty of the Department of Social Services (DSS) to consider placing a child with a relative before terminating parental rights. Although we find that the trial court...

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