Arnold v. Arkansas Department of Human Services

427 S.W.3d 165, 2013 Ark. App. 260, 2013 WL 1682463, 2013 Ark. App. LEXIS 254
CourtCourt of Appeals of Arkansas
DecidedApril 17, 2013
DocketNo. CA 13-30
StatusPublished
Cited by2 cases

This text of 427 S.W.3d 165 (Arnold 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
Arnold v. Arkansas Department of Human Services, 427 S.W.3d 165, 2013 Ark. App. 260, 2013 WL 1682463, 2013 Ark. App. LEXIS 254 (Ark. Ct. App. 2013).

Opinion

KENNETH S. HIXSON, Judge.

liAppellants Kenneth Kitchen and Stacy Arnold have appealed from the termination of parental rights,to their seven-year-old daughter, S.K. The appellants’ counsel has filed a no-merit brief and motion to be relieved, stating that there is no issue of arguable merit to advance on appeal and that she should be relieved of counsel. We affirm and grant the attorney’s motion to be relieved as counsel.

In compliance with Linker-Flores v. Arkansas Dep’t of Human Servs., 359 Ark. 131, 194 S.W.3d 739 (2004), appellants’ counsel has ordered the relevant portions of the record, Ark. Sup.Ct. R. 6-9(c), and examined it for adverse rulings, explaining why each ruling would not support a meritorious argument for reversal, Ark. Sup.Ct. R. 6 — 9(i). The attorney’s brief and motion to be relieved were mailed to the appellants at their last known addresses, along |2with a letter informing appellants of their right to file pro se points.1 However, neither appellant has filed any pro se points.

We review termination of parental rights cases de novo. Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207, 40 S.W.3d 286 (2001). At least one statutory ground must exist, in addition to a finding that it is in the child’s best interest to terminate parental rights; these must be proved by clear and convincing evidence. Ark.Code Ann. § 9-27-341 (Supp.2011); M.T. v. Ark. Dep’t of Human Servs., 58 Ark.App. 302, 952 S.W.2d 177 (1997). Clear and convincing evidence is that degree of proof that will produce in the fact-finder a firm conviction as to the allegation sought to be established. Anderson v. Douglas, 310 Ark. 633, 839 S.W.2d 196 (1992). The appellate inquiry is whether the trial court’s finding that the disputed fact was proved by clear and convincing evidence is clearly erroneous. J.T. v. Ark. Dep’t of Human Servs., 329 Ark. 243, 947 S.W.2d 761 (1997).

The appellants have been involved with the Arkansas Department of Human Services for several years. On September 7, 2007, S.K. was taken into emergency DHS custody as a result of both parents being incarcerated. S.K. remained in foster care from September 7, 2007, through June 16, 2009, during which time the appellants were provided a full range of DHS services. When S.K. was returned to the custody of her mother on June 16, 2009, DHS was ordered to maintain a protective-services case.

ROn March 13, 2012, DHS again filed a petition for emergency custody of S.K. Attached to the petition was an affidavit of a family-service worker alleging that Ms. Arnold was living in an apartment with a sex offender, and that she had recently been incarcerated. As a result of Ms. Arnold’s incarceration, S.K. began staying with Mr. Kitchen in a motel room. S.K. was infested with head lice. On the same day DHS filed its petition, the trial court entered an ex parte order for emergency DHS custody. In its order, the trial court noted that Mr. Kitchen had also been arrested. S.K. has remained in foster care since that time.

On May 16, 2012, the trial court entered an adjudication order finding S.K. to be dependent/neglected. The trial court found that S.K. was dependent/neglected due to inadequate supervision, environmental neglect, and parental unfitness due to drug use. Among other things, both parents were ordered to remain drug free and submit to random drug screens, submit to a drug-and-alcohol assessment, complete parenting classes, maintain stable and safe housing, and maintain stable employment. At that time, the goal of the case was reunification.

On June 27, 2012, the trial court entered an order terminating reunification services. In that order, the trial court found that there was little likelihood that services to the family would result in successful reunification. The trial court noted in its order that this was the second time that S.K. had been in foster care, and that despite the appellants receiving full DHS services between September 2007 and June 2009, S.K. again had to be removed in March 2012 for the same reasons as before, that being no adequate caregiver and the drug use |4of the parents. Orí August 3, 2012, the trial court entered a permanency planning order that changed the goal of the case to termination of parental rights and adoption.

On August 6, 2012, DHS filed a petition to terminate both parents’ parental rights. The termination hearing was held on September 24, 2012.

On October 11, 2012, the trial court entered an order terminating the parental rights of both parents. The trial court found by clear and convincing evidence that termination of parental rights was in the child’s best interest, and the court specifically considered the likelihood that the child would be adopted, as well as the potential harm of returning her to the custody of her parents as required by Ark. Code Ann. § 9-27-341(b)(3)(A) (Supp. 2011). The trial court also found clear and convincing evidence of the four following statutory grounds under subsection (b)(3)(B):

(i) (a) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued to be out of the custody of the parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent.
(iv) A parent has abandoned the juvenile!.]
(vii) (a) That other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that demonstrate that return of the juvenile to the custody of the parent is contrary to the juvenile’s health, safety, or welfare and that, despite the offer of appropriate family services, the parent has manifested the incapacity or indifference to remedy the subsequent issues or factors or rehabilitate the parent’s circumstances that prevent return of the juvenile to the custody of the parent.
_k- • • •
(ix) (a) The parent is found by a court of competent jurisdiction, including the juvenile division of circuit court, to:
(3) (A) Have subjected any juvenile to aggravated circumstances.
(B) “Aggravated circumstances” means:
(i) ... [A] determination has been made by a judge that there is little likelihood that services to the family will result in successful reunification [.]

DHS worker. Terri Blanchard testified at the termination hearing. Ms. Blanchard stated that, while S.K. was living with her mother and the sex offender, S.K. had found methamphetamine and drug paraphernalia in the home. Ms. Blanchard testified that because of her history of being exposed to drugs, S.K. had much more knowledge about drugs than a young child should have.

Ms.

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Related

Johnson v. Ark. Dep't of Human Servs.
547 S.W.3d 489 (Court of Appeals of Arkansas, 2018)
McElroy v. Arkansas Department of Human Services
2014 Ark. App. 117 (Court of Appeals of Arkansas, 2014)

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Bluebook (online)
427 S.W.3d 165, 2013 Ark. App. 260, 2013 WL 1682463, 2013 Ark. App. LEXIS 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-arkansas-department-of-human-services-arkctapp-2013.