What happens after a local DSS tries to terminate a father’s parental rights, father loses in juvenile court, appeals for trial de novo in circuit, and then as soon as it gets to a hearing, the DSS nonsuits? If there is a refiling should that be in circuit court? No, it has to be in juvenile court, the Court of Appeals points out, as required by the jurisdictional statutes.
And thus the circuit court would have no jurisdiction under the nonsuit statute, §8.01-380. No other cause was pending in circuit court as to which this father’s parental rights might be “incidental,” so there was nothing but the termination itself. DSS had to start over again in JDR court. The DSS argued that when this father noted his appeal from juvenile court, the circuit court’s acquisition of jurisdiction for the de novo trial constituted acquisition of original jurisdiction, but that is not the way it works, the Court of Appeals explains. The Court of Appeals cogently reiterates that you need to look at the combined effect of the principles applying to nonsuits and those applying to de novo appeals. The JDR court ruling was annulled by the appeal filing, and when it starts over, the JDR court is the one that has original jurisdiction. ___ Va. App. ___, ___ S.E.2d ___, 22 VLW 267 (7/31/07).