Marilyn Shepherd-Carper v Roanoke City DSS

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Bumgardner and Lemons
MARILYN SHEPHERD-CARPER
MEMORANDUM OPINION*
v. 	Record No. 1935-99-3 	PER CURIAM
FEBRUARY 8, 2000
ROANOKE CITY DEPARTMENT OF SOCIAL SERVICES
FROM THE CIRCUIT COURT OF THE CITY OF ROANOKE
Jonathan M. Apgar, Judge
(L. Brad Braford; L. Brad Braford, P.C., on
brief), for appellant. 	Appellant submitting
on brief.
(William M. Hackworth, City Attorney;
Allen T. Wilson, Assistant City Attorney, on
brief), for appellee. 	Appellee submitting on
brief.
Marilyn Shepherd-Carper (mother) filed an appeal from a
decision of the circuit court setting out certain provisions
concerning visitation with her children. 	On appeal, mother argues
that the trial court erred by placing her children with Sylvia H.
Shepherd, their maternal grandmother, without requiring the
Roanoke City Department of Social Services (DSS) to conduct a home
study. 	For the reasons stated below, we find that mother's appeal
raises no issue that we may address. 	We therefore remand this
matter to the circuit court.
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.

The juvenile and domestic relations district court entered
two orders removing the children from mother's custody due to her
incarceration. 	Mother appealed those orders to the circuit court.
At trial, however, mother stipulated that the emergency removal of
her children into the custody of DSS was reasonable.
The order from which this appeal was taken did not award
custody to the grandmother. 	The written statement of facts
contained in the record on appeal indicates that orders awarding
custody were entered in the companion cases identified as CH98-480
and CH98-482. 	Those cases were not appealed. 	Therefore, the
question raised by the mother concerning the placement of her
children with the grandmother was not brought before this Court by
the appealed order.
DSS contends that this appeal is moot because mother was
released from incarceration on or about November 15, 1999. 	DSS
also asserts that the question of the children's custody was
resolved in other cases and is not at issue in this appeal.
We agree with DSS that mother's appeal does not place the
question of custody properly before this Court. 	Whether mother's
release from incarceration moots the basis for grandmother's
custody is a matter to be resolved by the circuit court.
Therefore, we remand the matter to the circuit court for any
further proceedings deemed necessary.
Remanded.
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