Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: FRIDAY, November 11, 1994 TAG: 9411110060 SECTION: VIRGINIA PAGE: B1 EDITION: METRO SOURCE: PAUL DELLINGER STAFF WRITER DATELINE: HILLSVILLE LENGTH: Medium
The child's foster parents had asked the Circuit Court to overturn a decision by a Juvenile Court judge to return the child, now 21 months old, to his mother. The appeal was scheduled to be heard Thursday.
But because the original order had not yet been formally entered, Judge Duane Mink could not rule on the appeal.
Foster parents Rebecca and Ricky Alexander then went back to the juvenile court - where the order originated - and filed a petition Thursday afternoon for custody of the child. No date has been set for that court to hear that petition, but the Alexanders hope they will be able to present more information about the fitness of the child's mother, Paula Lineberry.
Lineberry lost custody of both her children after the incident in September 1993, in which her 7-month-old son Christopher was bitten by his 2-year-old brother while she was away. The boys were with an 11-year-old baby sitter who had fallen asleep while watching TV.
The Carroll County Department of Social Services gave Lineberry one year to meet a list of requirements before she could get her children back.
She was charged with felony child neglect, which was reduced to a misdemeanor in December. She was put on probation and ordered to receive counseling.
A county prosecutor said after her trial that Lineberry knew her 2-year-old was a "biter," and would bite him back to try to break him of the habit.
The Alexanders had been foster parents for Christopher while the mother was meeting the goals set by the Social Services Department. As sometimes happens with foster families, they became attached to the child.
On Oct. 11, Judge Tompkins accepted an agreement presented by Lineberry's lawyer and a lawyer for the county to return Christopher to her after she had four weekend visits with him. The child was returned to her Nov. 4, although the Social Services Department has legal custody for now.
The case has attracted wide interest in Carroll County and led to the formation of a citizens' group called the Committee to Save Christopher.
Ricky Alexander said the original idea was to have people sign petitions in support of his and his wife's keeping the boy, but they learned that petitions are not considered by the court in such matters. Instead, they had supporters wear blue ribbons that they passed out around the county.
``We passed out over 2,000,'' he said. ``We passed them out, really, in about a day's time.''
Lineberry's other child also was returned to her last week.
Staff writer Matt Chittum contributed information to this story
Memo: a slightly different version ran in the State edition