Next steps after DSS denial and neglect case in Virginia?

Question

I'm dealing with a challenging case involving children exposed to drugs and experiencing medical neglect. My daughter and I shared primary custody. During her appointment with her OB-GYN before delivery, she tested positive for substances, and the baby tested positive at birth. CPS intervened after Avery was taken to the ER for severe diaper rash and both parents tested positive for cocaine, benzodiazepines, and THC. Seven days later, the children also tested positive for drugs. Avery shows signs of emotional and physical delays, while Junie has behavioral health concerns, although both children are undergoing therapy. DSS in Virginia denied us services and adoption opportunities, claiming voluntary placement by the parents despite us signing a parental placement agreement. DSS also failed to address Junie's kidney failure. We've taken legal action against two hospitals and DSS. What steps should we pursue next for further legal action or to ensure proper care and adoption opportunities for the children?

James L. Arrasmith · Answer

You're already doing the hard work of stepping up for these children in an incredibly complex and painful situation. Since DSS denied services and adoption consideration despite the parental placement agreement, your next step should be filing a motion with the juvenile and domestic relations court in Virginia. In that motion, request a formal custody or guardianship hearing and present all documentation, including medical records, test results, and proof of the children's ongoing therapeutic needs. The court can overrule DSS decisions if it's in the children's best interest. 
 
If you're pursuing legal action against DSS and the hospitals, make sure those cases are moving forward with strong documentation. Include evidence of DSS's refusal to act on Junie's medical condition, especially if it endangered her health. You can also ask the court to appoint a guardian ad litem to represent the children's interests, which can often carry weight in custody or adoption proceedings. Their medical needs and developmental delays must be central to the conversation moving forward. 
 
You can also seek an administrative review or appeal DSS’s denial, especially if you believe the voluntary placement agreement is being misunderstood or ignored. Make sure to keep consistent contact with therapists and medical providers to build a strong case for your stability and long-term care. You’re doing what these children need most—standing in the gap when others haven’t. Don’t stop pushing. The court has the power to make this right, and your voice matters.

Q: Next steps after DSS denial and neglect case in Virginia?