COURT OF APPEALS OF VIRGINIA
Present: Judges Elder, Felton and Senior Judge Willis
LASHON DIANE BROWN
MEMORANDUM OPINION*
v. Record Nos. 1398-04-1, 1399-04-1, 1400-04-1, PER CURIAM
1401-04-1 and 1402-04-1 AUGUST 2, 2005
NORFOLK DIVISION OF SOCIAL SERVICES
FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK
Norman A. Thomas, Judge
http://www.courts.state.va.us/opinions/ ... 402041.pdf
On August 16, 2002, the J&DR court issued protective orders denying the Browns
contact with the children based upon NDSS’s affidavit indicating that there were allegations of
sexual abuse by Mr. Brown with the knowledge or acquiescence of Ms. Brown and that there
were criminal charges currently before the Norfolk Circuit Court. That affidavit alleged that
Ms. Brown continued to be involved with Mr. Brown and that her contact with the children could
put them at risk; that Mr. Brown was not in custody and a warrant for his arrest was on file; and
that he was stalking the children with the possible assistance of Ms. Brown.
- - - - - - - - -
but she continues to maintain that
this agency or it representatives evoked lies from her children so they could be put up for
adoption.
- - - - - - - - -
The plans also
indicated the belief that Ms. Brown remained in contact with Mr. Brown, who remained a
fugitive.
- - - - - - - - -
Mr. Brown remains absent after a year of avoiding court action to
resolve charges of sexual abuse, indecent liberties, and improper
conduct with a child.
- - - - - - - -
Ms. Brown passionately expresses her belief that her children did
not say the things they have said and that Mr. Brown is innocent of
any charges levied against him. If she is unable or unwilling to
acknowledge the potential for danger to her children by her
husband, she will be less likely to exercise due caution to protect
them. Since custody of her children was awarded to the agency,
Ms. Brown has repeatedly heard evidence depicting Mr. Brown as
inappropriate in his interactions with some of his children. She is
vigorous in her denial of his actions, as well as denial of the
allegations made by the children of her own involvement in the
offenses against them.
These issues might be resolved if Ms. Brown becomes serious in
her attempts to educate herself and position herself for
interventions. These interventions will help Ms. Brown to realize
that her children were telling the truth and will help her move
beyond the recognition of that truth to a more protective mode of
keeping her children safe.
- - - - - - - -
When asked whether she believed
her husband abused her children in any way, Ms. Brown responded, “No, I don’t. I believe that
what it is a misunderstanding.” She also claimed she did not believe that her children had said
they were abused “because they told me different.” Ms. Brown testified as follows:
The children told me different. They told me that their
daddy didn’t do anything. I asked them that question. I asked my
children. I really did. I asked them in front of Dr. Wald when he
had the parent – like they got all the kids up, and he’s watching
through the glass mirror thing and the kids are blurting out
themselves. I didn’t coach them or nothing like that. I didn’t say
nothing to encourage it. They just came out and started telling me
everything of what happened to them in foster care where they got
abused.
They started saying that Tamirrah lied about their daddy
raping them, and the kids said and they told me – I asked the
doctor did he jot it down. He told me yeah. The kids said the
foster mother was beating them. . . .
Ms. Brown claimed the trauma sustained by her children occurred after they were
removed from her home in August 2001, due to being questioned over and over and “it gets to
them and they just lie.”
- - - - - - - - -
However, the trial court concluded
from the evidence that Ms. Brown “has not ever accepted and indeed continues to deny the
underlying trauma of her children, and she will not or cannot adequately protect these children
from the continuation of the afflicting abuse and neglect that occurred while they were in her
care.”