Barnes v. Arkansas Department of Human Services

2016 Ark. App. 618, 508 S.W.3d 917, 2016 Ark. App. LEXIS 636
CourtCourt of Appeals of Arkansas
DecidedDecember 14, 2016
DocketCV-16-750
StatusPublished
Cited by7 cases

This text of 2016 Ark. App. 618 (Barnes 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
Barnes v. Arkansas Department of Human Services, 2016 Ark. App. 618, 508 S.W.3d 917, 2016 Ark. App. LEXIS 636 (Ark. Ct. App. 2016).

Opinion

WAYMOND M. BROWN, Judge

| tAppellant Erica Barnes appeals from the June 9, 2016 order of the Pulaski County Circuit Court terminating her parental rights to her five children, E.B. (DOB 1-15-02), Z.R. (DOB 9-24-06), T.H.l (DOB 6-20-12), T.H.2 (DOB 8-2-13), and E.H. (DOB 1-1-15). Barnes argues on appeal that the evidence was insufficient to terminate her parental rights. Appellant Tyshon Hall, the father of T.H.1, T.H.2, and E.H., also appeals the June 9, 2016 termination order. He contends that the trial court erred in terminating his parental rights because DHS failed to properly plead the potential-harm prong in its petition and the evidence was insufficient to support the termination. We find no error and affirm. 1

12This case began after Barnes tested positive for cocaine at the birth of E.H. On January 2, 2015, Barnes tested positive for both cocaine and oxycodone. Barnes had also tested positive for cocaine at her prenatal visit on December 22, 2014. Arkansas Department of Human Services (DHS) took a seventy-two hour hold on the children on January 2, 2015. DHS filed a petition for emergency custody on January 5, 2015, and the court issued an ex parte order for emergency custody that same day. On February 11, 2015, the children were adjudicated dependent-neglected as a result of parental unfitness and neglect based on Barnes’s stipulation of cocaine use at or near the time of E.H.’s birth and E.H.’s positive cocaine screen at the time of birth. The order also indicated that the court accepted Barnes’s case as “Zero to Three.” In the Zero to Three review order of July 13, 2015, the court noted that Barnes had tested positive for alcohol on June 12 and June 26. The court ordered unsupervised visits in Barnes’s home with the children on October 5, 2015. 2

The permanency-planning hearing took place on December 9, 2015. In the order entered on the same day, the court found that Barnes “has checked off boxes, but there are still serious problems with [her] stability and judgment.” The order noted in pertinent part that

TONI HANSBERRY testified that mother has made progress towards reunification. She completed treatment, has a sponsor, and has participated in NA/ AA, random drug screens, and visitation. She has completed counseling and is employed. Mother was recently evicted from her home; she has located a home in North Little Rock. She has outstanding bills in her name, so she cannot get the utilities in her name, DHS learned this on November 4, when they attempted to visit mom’s home during a visit. Mother was not there, and the landlord told Ms. Hansberry what happened. Mother |ahad the kids at McDonalds. Ms. Hansberry talked to mother; mother denied owing that much money, but she said she did owe some. Because of this, the visits returned to the DHS office. The landlord told Ms. Hansberry that mother owed $3000 in rent. Mother owes $1600 in electric; $300 in water; and she did not have an amount for gas. She had utilities in her old place in different people’s names. She is trying to get the lights on in the uncle’s name. Mom works for Jason’s Deli. That is a hew job. [Z.R.] is not doing well at Centers; she is aggressive. ... [E.B.] was doing well until another teen was placed in the home; then he started being disrespectful and skipped classes. ... Mother has visited with all but [Z.R.] recently. Mom recently started visiting her at Centers. Mother still needs assistance with redirection and helping with younger kids. [E.B.] sometimes does not want to come to visits because he does not want to help with the younger kids. Four out of the five children have some type of behavior problem. Mother works the services, but she does not have the capability to parent all five kids. There are budgeting concerns, as well. ... Mother has had one therapy session with [Z.R.] ... Mother had been served with eviction notices several times before November 4. Mother moved from Rose City to another place in NLR; she now works in Little Rock. At visits, she pays attention to the kids, but she is also on the phone. As the visits wind down, she starts getting on the phone. Mother said she has little support. DHS just received the psychological evaluation for mother today. The psychological was done in April. Housing and ability to parent the children are the main concerns. Each time mother has moved, utilities and/or apartment has been in someone else’s name. That is part of her history. Jerome Martin is using his name for utilities, but he also had an old bill that mother had to pay to get to use his name. Another friend may let mother put gas in her name. The Hall grandmother is letting mother live with her; mother has a friend here today (Jasmine Clarks) that helps with transportation. Mother said she had “other bills” like a cell phone bill, a light bill, bus, and bills from where she goes to the emergency room. She has had one hair follicle; they requested another but it has not been approved. She did that at the beginning of November, and again after the staffing!;.]

The court changed the case’s goal to adoption and termination of parental rights. It noted that Barnes’s continued poor decision making was a present problem.

DHS filed a petition for termination of parental rights on January 11, 2016. DHS listed three grounds for termination against Barnes: (1) the “failure to remedy” ground, 3 (2) |4the “subsequent other factors or issues” ground, 4 and (3) the “aggravated-circumstances” ground. 5 DHS listed four grounds for termination against Hall: (1) the “subsequent other factors or issues” ground, (2) the “aggravated-circumstances” ground, (3) the “abandonment” ground, 6 and (4) the “sentenced-in-a-criminal-proceeding” ground. 7

The termination hearing took place on March 7and April 21, 2016. Dr. Paul Dey-oub testified that he evaluated Barnes and diagnosed her with cocaine use. He said that she had borderline intellectual functioning due to a 74 IQ, and that she was a child-abuse perpetrator because E.H. was born with cocaine in his system. Dr. Dey-oub opined that due to Barnes’s cocaine use, she needed individual therapy, residential drug treatment, parenting classes, an adequate place to live and means of employment and support, and evidence of a stable environment for at least six months. On cross-examination, Dr. Deyoub stated that Barnes and Hall had a very unstable relationship. He testified that Hall had failed to show up twice for his psychological appointment in this case.

Barnes testified that she participated in “quite a few services throughout the course of this case,” including parenting classes, therapy with Z.R., a psychological evaluation, outpatient treatment at RCA, AA meetings, and the Zero to Three Program before it ended. She admitted that she tested positive twice in June for alcohol; however, she denied coining to visits under the influence of alcohol. According to Barnes, the positive alcohol screens 15were from her drinking a day or two before the screens. She testified that she currently resided at 703 West 23rd Street in North Little Rock with Hall. 8

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Bluebook (online)
2016 Ark. App. 618, 508 S.W.3d 917, 2016 Ark. App. LEXIS 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-arkansas-department-of-human-services-arkctapp-2016.