Andrews v. Arkansas Department of Human Services

388 S.W.3d 63, 2012 Ark. App. 22, 2012 WL 11258, 2012 Ark. App. LEXIS 27
CourtCourt of Appeals of Arkansas
DecidedJanuary 4, 2012
DocketNo. CA 11-758
StatusPublished
Cited by8 cases

This text of 388 S.W.3d 63 (Andrews v. Arkansas Department of Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andrews v. Arkansas Department of Human Services, 388 S.W.3d 63, 2012 Ark. App. 22, 2012 WL 11258, 2012 Ark. App. LEXIS 27 (Ark. Ct. App. 2012).

Opinion

DOUG MARTIN, Judge.

LThe Pope County Circuit Court terminated the parental rights of appellant Amanda Andrews to her three children (N.A. born June 20, 2008; O.A. born November 14, 2006; and H.A. born February 12, 2005). Andrews argues on appeal that the trial court erred in declining to hear testimony regarding placement of the children with their maternal grandmother because it was relevant to the trial court’s consideration of whether it was in the children’s best interests to terminate Andrews’s parental rights.1 We affirm.

On January 15, 2010, the Arkansas Department of Human Services (DHS) filed a petition for emergency custody of Andrews’s children, alleging that they were dependent-neglected. The petition was supported by the affidavit of family service worker Melissa Waldo, who attested that, on January 12, 2010, at approximately 10:15 p.m., she responded pto a report that a one-year-old child was admitted to St. Mary’s Hospital for a possible drug overdose. Waldo learned that an officer with the Pope County Sheriffs Department had responded to a domestic disturbance at the child’s home earlier that evening between Andrews and her male friend. The officer informed Waldo that Andrews had recently been released from the Pope County Detention Center and that the children’s father was currently incarcerated at the detention center. Waldo interviewed Andrews, who told her that a friend was supposed to be “watching” her three children at the home but that the friend had gone outside, leaving the children unattended. Andrews claimed that the children had spilled what she initially believed to be sugar on the kitchen floor but that she soon realized the “sugar” was actually green powder, which she tasted and recognized as a narcotic, from a pill that had been crushed on the floor. Andrews first telephoned a friend, who advised her to observe the child and take him to the emergency room if he appeared drowsy or had dilated pupils. Andrews eventually became concerned and took the child to the hospital where Dr. David Stills confirmed that the pill containing green powder was oxycodone. Waldo’s observation of Andrews during the interview led Waldo to believe that Andrews was under the influence of some unknown substance because Andrews was “fidgety,” seemed nervous, and had dilated pupils. Andrews, however, denied having taken any intoxicating substance and agreed to submit to a drug test. Andrews tested positive for methamphetamine, opiates, and benzodiazepines. Andrews then stated that she had “messed up.” Waldo determined that | (¡placing a seventy-two-hour hold on the children was necessary due to Andrews’s substance abuse, inadequate supervision of the children, and domestic disturbances in the home.2

On January 15, 2010, the trial court found probable cause to believe Andrews’s children were dependent-neglected. Andrews was ordered to submit to random drug screens; attend and complete parenting classes; obtain and maintain stable and appropriate housing; obtain and maintain stable and gainful employment; attend Narcotics Anonymous/Alcoholics Anonymous (NA/AA) meetings; submit to and successfully complete inpatient drug treatment; and watch a video called “Clock is Ticking.”

Following a hearing on February 14, 2011, the trial court entered a permanency-planning order on April 4, 2011, in which the trial court changed the goal of the case from reunification to parental termination and adoption. Also, the trial court ordered that a home study be conducted on the residence of the children’s maternal grandmother, Barbara Berry, upon Berry’s notifying DHS in writing within thirty days of the February 14, 2011 hearing that she had a home to be studied.

At the termination hearing, Andrews testified that she had lived at five or six homes since the DHS case was opened and that her current living arrangement with her sister was not permanent. Andrews stated that she had a few jobs of short duration but that she was currently unemployed. Andrews testified that she completed parenting classes and inpatient |4drug rehabilitation. Andrews conceded, however, that she subsequently tested positive for benzodiazepines and was discharged from outpatient drug rehabilitation for failure to comply with the treatment plan.

Angel Deal, a caseworker for the Division of Children and Family Services (DCFS), testified that, because Andrews moved so often, only one random drug test was administered in a six-month period. Deal testified that she was able, however, to test Andrews weekly prior to visitation with the children and that Andrews tested positive eight times and had positive drug screens from Freedom House (an alcohol- and-drug-treatment center in Russellville) as well. Deal stated that Andrews offered various implausible excuses for testing positive for drugs. According to Deal, Andrews did not follow recommendations from inpatient drug rehabilitation and did not provide DHS with any documentation with respect to her attendance at NA/AA meetings and outpatient counseling. Deal described Andrews’s children as “adorable” and testified that the likelihood of adoption was “very high.” Deal further testified that, although O.A. was currently in therapeutic foster care, DHS’s plan was for all three children to be adopted as a sibling group.

Teresa Hamilton, the therapeutic foster-care coordinator with Community Service, testified that O.A. was responding well to treatment and had demonstrated significant improvement. Hamilton stated that O.A. likely would be discharged soon from therapeutic foster care, so the plan for adoption could proceed.

Angela May, program assistant for DCFS, testified that Andrews missed nineteen out of sixty-six visits with her children. May stated that twelve of the missed visits were due to Rfailed drug screens; a couple of visits were missed because Andrews was in jail; and a couple of visits were missed because Andrews could not provide a urine sample for testing. According to May, the visits initially “went pretty smooth” but had “sort of gone downhill.” May asserted that this deterioration in the quality of visitation primarily was due to O.A.’s misbehavior and Andrews’s reluctance to discipline O.A.

On redirect examination, Andrews testified that she was “finished messing around with pills.” With respect to outpatient drug rehabilitation, Andrews stated that she “got sick of’ being told that she was still using drugs. Andrews denied avoiding Deal in her attempts to visit Andrews at her home. Andrews testified that, approximately two weeks after the permanency-planning hearing, her mother bought a house. According to Andrews, a home study was conducted on Berry’s new home but “[t]hey denied it because they said that my mom did not make enough money and that they were worried about me coming around after she had got the kids.”3 Andrews asked the trial judge to place her children with Berry rather than terminate her parental rights. She testified that Berry would care for the children and that her family would help. Andrews added that she would “stay away if [she had] to.”

Barbara Berry testified that she had lived at her home in Russellville for three months and that she bought the house because the trial court ordered that a home study be conducted. Berry stated, however, that she had “flunked” the home study and that DHS did not recommend that the children be placed with her.

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Cite This Page — Counsel Stack

Bluebook (online)
388 S.W.3d 63, 2012 Ark. App. 22, 2012 WL 11258, 2012 Ark. App. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-arkansas-department-of-human-services-arkctapp-2012.