Category: Family Law

On January 22, 2018, Sheriff Kincaid notified Immigration and Customs Enforcement (ICE) that the Fairfax County Sheriff’s Office will no longer hold inmates past their release date unless an ICE administrative request to detain the inmate is accompanied by a criminal detainer issued by a court.  Sheriff Kincaid conveyed her decision to terminate the County-ICE Intergovernmental Service Agreement effective May 23, 2018.

Sheriff’s Offices throughout the Commonwealth are statutorily required to determine the residency status of individuals who are brought to jail.  Fingerprints, which are taken during the booking process, are transmitted to a state database that can be accessed by all local, state and national law enforcement agencies.

The press release can be found at:  https://www.fairfaxcounty.gov/sheriff/sheriff-terminates-intergovernmental-service-agreement-ice

The case is Yokshas v. Bristol City Department of Social Services (2017).

In Virginia, a “person with a legitimate interest” may pursue custody of a child, and Section 20-124.1 of the Code of Virginia requires Courts to broadly interpret this term to accommodate the best interests of the child.  The Section specifically includes and excludes persons when defining the term; however, it is silent as to whether foster parents fall within such category of persons with interest.  In an unpublished opinion authored by Judge Teresa B. Chafin, the Court of Appeals reversed the Circuit Court’s ruling excluding the foster parents, citing to the statutory mandate that the term “persons with legitimate interest” must be broadly construed.