I am one of the constituents most affected by this legislation. In January, I had the opportunity to address the Civil Subcommittee re: Del. Reid's HB140. As you can see, Senator Perry's SB209 is very similar. What follows is an explanation of three court cases (criminal; custody/abuse & neglect; wrongful death) and how the competing circumstances, and current Virginia law, have prevented an adoption. Criminal case: On March 20, 2014, Michelle Castillo was found dead in her home. Her husband, Braulio Castillo, was arrested in April and charged with first degree murder, B&E with the intent to commit murder, and violating a protective order (which had been granted in April, 2013, and upheld on appeal in Sept. 2013). At the time, the Castillo's were in divorce proceedings. In June, 2016, Mr. Castillo was convicted on all three charges, and sentenced to life in prison. A final sentencing order was entered in December, 2016. In January, 2017, an appeal was filed at the Court of Appeals of Virginia. CAV disposed of the case in June, 2019, affirming all Circuit Court decisions. In August, 2019, an appeal was filed with the Supreme Court of Virginia. This was initially refused in Feb., 2020, and a petition for rehearing was refused in August, 2020. In January, 2021, Mr. Castillo filed a Petition for Writ of Certiorari with the US Supreme Court, which was denied in February, 2021. Lastly, in August, 2021, Mr. Castillo filed a Petition for Writ of Habeas Corpus in Loudoun County Circuit Court. That case remains active, with little happening between August, 2022, and now. The Custody Case: In June, 2016, a separate trial was held in JDR Court regarding an abuse & neglect case between Mr. Castillo and Loudoun County Dept. of Family Services. (The case began in 2014, but was stayed until the criminal trial concluded.) This case involved the DFS decision (after Mrs. Castillo was killed) to remove the four minor children, led to the initial termination of Mr. Castillo's parental rights, and also allowed a goal of adoption in the foster care matter. In July, 2016, an appeal was filed in Loudoun Circuit Court. That de novo appeal did not conclude until September, 2017, and the Court found there was abuse & neglect and termination of parental rights was warranted. Mr. Castillo then appealed to CAV in September, 2017, which was disposed of in April, 2018, with all Circuit Court decisions affirmed. Another appeal was filed with the Supreme Court of Virginia, which was refused in August, 2018. In October, 2018, Loudoun DFS tried to initiate adoption proceedings for the four minor children, but the Guardian ad-Litem, and County Attorney for Loudoun, both objected (correctly) due to existing Virginia Law (would sever the children's rights as beneficiaries). The Wrongful Death Case: In March, 2016, a wrongful death action was filed by the oldest of the five children. Aside from changes in Counsel and a few motions, that case has largely sat dormant. The real reasons as to why vary depending on the legal source, but it seems there was an agreement between the Court and the attorneys to not bring the WD case to trial until "all criminal appeals have been completed." I believe the Habeas case factors in to the "all criminal appeals" thought process, leaving the WD suit, and the children, in limbo. In closing, for the record, we are simply trying to achieve permanency as a family through adoption. SB209 helps make that possible.
I am one of the constituents most affected by this legislation. In January, I had the opportunity to address the Civil Subcommittee re: Del. Reid's HB140. As you can see, Senator Perry's SB209 is very similar. What follows is an explanation of three court cases (criminal; custody/abuse & neglect; wrongful death) and how the competing circumstances, and current Virginia law, have prevented an adoption. Criminal case: On March 20, 2014, Michelle Castillo was found dead in her home. Her husband, Braulio Castillo, was arrested in April and charged with first degree murder, B&E with the intent to commit murder, and violating a protective order (which had been granted in April, 2013, and upheld on appeal in Sept. 2013). At the time, the Castillo's were in divorce proceedings. In June, 2016, Mr. Castillo was convicted on all three charges, and sentenced to life in prison. A final sentencing order was entered in December, 2016. In January, 2017, an appeal was filed at the Court of Appeals of Virginia. CAV disposed of the case in June, 2019, affirming all Circuit Court decisions. In August, 2019, an appeal was filed with the Supreme Court of Virginia. This was initially refused in Feb., 2020, and a petition for rehearing was refused in August, 2020. In January, 2021, Mr. Castillo filed a Petition for Writ of Certiorari with the US Supreme Court, which was denied in February, 2021. Lastly, in August, 2021, Mr. Castillo filed a Petition for Writ of Habeas Corpus in Loudoun County Circuit Court. That case remains active, with little happening between August, 2022, and now. The Custody Case: In June, 2016, a separate trial was held in JDR Court regarding an abuse & neglect case between Mr. Castillo and Loudoun County Dept. of Family Services. (The case began in 2014, but was stayed until the criminal trial concluded.) This case involved the DFS decision (after Mrs. Castillo was killed) to remove the four minor children, led to the initial termination of Mr. Castillo's parental rights, and also allowed a goal of adoption in the foster care matter. In July, 2016, an appeal was filed in Loudoun Circuit Court. That de novo appeal did not conclude until September, 2017, and the Court found there was abuse & neglect and termination of parental rights was warranted. Mr. Castillo then appealed to CAV in September, 2017, which was disposed of in April, 2018, with all Circuit Court decisions affirmed. Another appeal was filed with the Supreme Court of Virginia, which was refused in August, 2018. In October, 2018, Loudoun DFS tried to initiate adoption proceedings for the four minor children, but the Guardian ad-Litem, and County Attorney for Loudoun, both objected (correctly) due to existing Virginia Law (would sever the children's rights as beneficiaries). The Wrongful Death Case: In March, 2016, a wrongful death action was filed by the oldest of the five children. Aside from changes in Counsel and a few motions, that case has largely sat dormant. The real reasons as to why vary depending on the legal source, but it seems there was an agreement between the Court and the attorneys to not bring the WD case to trial until "all criminal appeals have been completed." I believe the Habeas case factors in to the "all criminal appeals" thought process, leaving the WD suit, and the children, in limbo. In closing, for the record, we are simply trying to achieve permanency as a family through adoption. SB209 helps make that possible.