Arkansas Department of Human Services v. A.M.

423 S.W.3d 86, 2012 Ark. App. 240, 2012 WL 1110002, 2012 Ark. App. LEXIS 350
CourtCourt of Appeals of Arkansas
DecidedApril 4, 2012
DocketNo. CA 11-739
StatusPublished
Cited by5 cases

This text of 423 S.W.3d 86 (Arkansas Department of Human Services v. A.M.) 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
Arkansas Department of Human Services v. A.M., 423 S.W.3d 86, 2012 Ark. App. 240, 2012 WL 1110002, 2012 Ark. App. LEXIS 350 (Ark. Ct. App. 2012).

Opinion

DOUG MARTIN, Judge.

hThe Arkansas Department of Human Services (DHS) appeals from an order of the Jefferson County Circuit Court directing DHS to provide assistance to appellee A.M., a pregnant teenager, in the form of paying for school uniforms and maternity clothing.1 We reverse and remand for further proceedings.

After the filing of a family-in-need-of-services (FINS) petition on April 14, 2011, by Pine Bluff High School, the Juvenile Office of Jefferson County filed a “notice of intent” with DHS on April 28, 2011, informing DHS that the Juvenile Office intended to recommend that DHS provide services to A.M. and her family. The notice stated that the Juvenile Office l2believed that DHS’s services were necessary “to assist mother with essential basic items to prevent removal” and provided that the Juvenile Office’s recommendations would be for “assistance with school uniforms, maternity clothing, and items for [A.M.’s] baby.”

DHS filed written objections to the notice of intent on May 2, 2011, noting first that the court lacked jurisdiction to enter any orders regarding a baby that had not been born yet.2 In addition, DHS argued that, while the circuit court could enter an order to prevent removal of a juvenile from the juvenile’s home, the provision of school uniforms, maternity clothing, and baby items were not services that would prevent removal of a juvenile from the family home. DHS noted that A.M. had not been subject to neglect, nor was there any allegation that, by remaining in her residence, there was an immediate danger to the health or physical well-being of the child. Because DHS could discern no reason for removing the child from the home, it asserted that there was no basis for claiming that the provision of maternity clothes and school uniforms would prevent removal.

At a hearing on May 12, 2011, however, the circuit court denied DHS’s objection and found that the “items that are to be provided would assist in preventing removal.” Referring to the “prior history with the family within the juvenile court system,” the court stated that, “if these services are not provided, the court may have to take a hold, and we don’t want that to occur. So the court is making a finding that these services are necessary to prevent | .¡removal.” The court entered an order for family services that same day, directing DHS to “provide assistance with school uniforms, maternity clothing, and items for [A.M.’s] baby.”

DHS filed a motion to intervene for the limited purpose of contesting the FINS order and a motion to reconsider on May 23, 2011. DHS specifically argued that the court’s order did not comply with Arkansas Code Annotated section 9-27-332(a)(2)(B)(ii) (Repl.2009), which requires the court to make written findings outlining how each service DHS is ordered to provide is intended to prevent removal. DHS also pointed out that it would not remove a child from home on the basis that the child did not have maternity clothing or because the child’s family could not afford such clothing. Finally, DHS reiterated that the circuit court lacked jurisdiction to enter any orders regarding a baby that had not been born yet.

The circuit court held a hearing on DHS’s motion on June 1, 2011. At that hearing, no witnesses testified and no evidence was presented. DHS, however, again said that it did not understand how maternity clothing and school uniforms were services that were designed to prevent the removal of the juvenile from the family home. The court replied that, based on its “extensive Family in Need of Services history and delinquency history with the family,” the required items were necessary to prevent educational neglect from occurring and to keep A.M. enrolled in school. DHS replied that “educational neglect” did not fall under the definition of “severe maltreatment” that would warrant removing a juvenile from her home. The court retorted that DHS “should [remove the juvenile] if they’re [sic] not going to school.” The court also stated that it was “finding that the services are needed to prevent |4maltreatment, and whether or not it’s severe, it depends on the trier of fact, and I’m finding that to prevent a situation from happening, and that’s what we’re ordering these services for.”

The circuit court entered an order denying DHS’s motion to reconsider on June 7, 2011. Although the court agreed with DHS that the portion of its previous order directing DHS to purchase items for the unborn baby was premature and set aside that portion of the order, the court nonetheless found that, “[b]ased on the history of the case, the court is finding that it is necessary for the Department to purchase [school uniforms and maternity clothing] in order to prevent removal of the juvenile from the family home because the Department would be preventing educational neglect.” The court’s ruling went on as follows:

The Department has argued that edu- ' cational neglect is not a reason to remove the juvenile from the family home because under Arkansas law, a juvenile shall only be removed from the home when there are allegations of severe maltreatment. Educational neglect is a term of art that is used to describe a juvenile not going to school, and the Department has argued today that educational neglect does not fall within the definition of severe maltreatment as contained in Ark.Code Ann. § 12-18-104(17). The court does not agree with this argument and believes that educational neglect is a reason to remove children from the home and that if the Department does not do so when there are such allegations, the court will take that into consideration when finding reasonable efforts.

DHS filed a timely notice of appeal on June 7, 2011.

In cases that traditionally sound in equity, such as juvenile proceedings, the standard of review on appeal is de novo, although we do not reverse unless the trial court’s findings are clearly erroneous. Ark. Dep’t of Human Servs. v. C.M., 100 Ark.App. 414, 269 S.W.3d 387 (2007); Moiser v. Ark. Dep’t of Human Servs., 95 Ark.App. 32, 233 S.W.3d 172 (2006). A finding is clearly erroneous when, although there is evidence to support the finding, after reviewing all of the evidence, the reviewing court is left with the definite and firm- conviction |sthat a mistake has been made. Brewer v. Ark. Dep’t of Human Servs., 71 Ark.App. 364, 43 S.W.3d 196 (2001).

DHS first argues that the circuit court’s FINS order did not comply with the relevant statute and lacked evidence to support its finding that A.M. was at immediate risk of severe maltreatment and that family services were necessary to prevent A.M.’s removal. We agree. In a family-in-need-of-services case, the petitioner bears the burden of proof by a preponderance of the evidence. Ark.Code Ann. § 9-27-325(h)(2)(B) (Repl.2009). Under the FINS statutes, if a family is found to be in need of services, a circuit court can order family services to rehabilitate the juvenile and his or her family. Ark.Code Ann. § 9-27-332(a)(l)(A).

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Bluebook (online)
423 S.W.3d 86, 2012 Ark. App. 240, 2012 WL 1110002, 2012 Ark. App. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-department-of-human-services-v-am-arkctapp-2012.