Parental rights, Cocaine, drug use, treatment program.

Beverly Jackson, a drug-user who gave birth to a cocaine-positive daughter, appeals a circuit court ruling terminating her residual parental rights. The state's department of family services was granted legal custody of her daughter in 1991 and, two years later, sought to implement an adoption plan and terminate Jackson's parental rights. The family court approved termination of parental rights in 1994; the ruling was upheld by the circuit court.

The Alexandria Circuit Court ruled against Jackson. The court noted she failed to make sufficient progress in a state-ordered rehabilitation program. The court reviewed the case one year after its initial finding and issued a final judgment that terminated her parental rights. Jackson no appeals.

Jackson wins. The Virginia Court of Appeals reversed the circuit court's ruling. The appeals court noted that Jackson had been drug-free for 17 months and had established a close relationship with her daughter. The court further noted that no other evidence of abuse was presented and a decision to terminate parental rights would not be in the best interest of the child.