Brown v. Ark. Dep't of Human Servs.

542 S.W.3d 899
CourtCourt of Appeals of Arkansas
DecidedFebruary 7, 2018
DocketNo. CV–17–800
StatusPublished
Cited by11 cases

This text of 542 S.W.3d 899 (Brown v. Ark. Dep't of Human Servs.) 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
Brown v. Ark. Dep't of Human Servs., 542 S.W.3d 899 (Ark. Ct. App. 2018).

Opinion

[ COUNSEL ]: That's right, Your Honor. There was a question as to the legal status of Mr. Brown under the review order filed September 21st, 2016, paragraph 9. It says based on the results of the DNA testing, D'Andre Brown shall be made a party to the case. DHS shall cause summons to be issued and served.
THE COURT : All right. The petition, which was filed later, names him as the legal father and rightly so. The Court did not specifically say I was making him legal father on September 21st, '16, but, in fact, that's what I was doing. And the resulting actions were because of that. So the record today should be clear. On September 21st, 2016, I made him the legal father, and I think we all understood that.
....
THE COURT : [Appellant], earlier, you made reference to a September 21st, 2016, order.
[ COUNSEL ]: Yes, Your Honor.
THE COURT : That was when we were talking about this legal status of Mr. Brown.
[ COUNSEL ]: Yes.
THE COURT : The Court finds that that's the day that the order was filed.
[ COUNSEL ]: Okay.
THE COURT : The hearing about which that file marked date refers, that review order, the hearing was April 29th, 2016. So it was on April 29th, 2016, that the Court changed Mr. Brown's legal-status to legal.
[ COUNSEL ]: Yes. I should have mentioned that the-
THE COURT : Okay. Thank you.
[ COUNSEL ]: -order seemed to be entered a few months-
THE COURT : Yes.
[ COUNSEL ]: -later.
*903THE COURT : Yes.
[DHS]: I'm sorry. Can I get the date that you-from the hearing?
THE COURT : April 29th, 2016. It was a review hearing. DNA results were offered to the Court at that time. Thank you. You may proceed.

Thereafter, the hearing proceeded.

At the termination hearing, Holly Johnson testified that she was the family-service worker assigned to the case. She explained that A.G. was removed due to Greenway's drug use and an inappropriate home. Appellant had been incarcerated at that time and was released in August 2016. Johnson testified that she went to the jail on December 12, 2015-even though she thought appellant was just listed as the putative father at that time-to go over the case plan. She explained the importance of maintaining contact with DHS, submitting to drug screens, allowing DHS into the home, and having appropriate housing and employment.

After his release, appellant completed a parenting workbook and watched "The Clock Is Ticking" video. However, Johnson expressed concerns regarding appellant's home. She explained that the home had broken windows, broken glass and a knife on the floor, and broken glass outside the home in the grass. Appellant had admitted to DHS that there were no utilities at the home on May 18, 2017. On May 26, 2017, Johnson testified that she had visited the home but appellant was not there. Someone from inside the home stated that he was "watching the home." Johnson testified that although she did not go inside the home without appellant's being there, she did not observe any lights on in the home. She further testified that she thought Greenway, an untreated drug user, was still living in the home with appellant after the trial court had terminated Greenway's parental rights and severed her relationship with A.G. Additionally, Johnson testified that appellant had failed to provide any proof of income or employment during the pendency of the case. Appellant had sporadic visitation with A.G. since his release, visiting her only four times. On one of those occasions, he was asked to leave after he became very aggressive with the staff.

Therefore, Johnson opined, there would be a risk of potential harm if A.G. was returned because of her concerns with the home and appellant's ability to support A.G. Johnson further opined that A.G. was adoptable and was doing well in her placement with her maternal grandfather and step-grandmother. Johnson testified that there were not any other services that could have been provided to appellant that would have increased the likelihood that the home would have been safe for A.G. She testified that DHS could not "make him provide ... proof of employment [or] make him keep an appropriate home."

Autumn Matthews, appellant's parole and probation officer, testified that appellant is on probation and parole for offenses involving controlled substances. Appellant received permission to move to Greene County to live with his girlfriend, Kelli Greenway. During her only home visit, Matthews observed broken glass by the front door and all over the floor inside the home. She testified that the home was not clean and had a strong foul odor. Kelli Greenway was at the home during her visit and told Matthews that she lived there with appellant. At some point, appellant admitted to Matthews that there was no electricity on at the home. Matthews described appellant's demeanor as extremely aggressive if he did not get his way and testified that, to her knowledge, he did not have a steady income.

Appellant testified. Appellant denied that Greenway was living with him at the *904time of the hearing but did admit that she was trying to get approval from her probation officer to do so. Later, on cross-examination, appellant testified that Greenway did live with him for approximately a week. Although appellant admitted that Greenway was his girlfriend, he testified that it was his intention to marry her. Appellant further testified that he was "disregarding [the] Court's [previous] finding that Kelli Greenway poses a risk and threat of harm to [A.G.]."

Appellant explained that the broken glass and trash observed by Johnson and Matthews had been cleaned up with Greenway's assistance, although his window is still broken as the result of someone breaking into his home. Appellant's landlord was supposed to fix the window. Appellant admitted that his electricity had been turned off at his home because he was unable to pay the bill; however, appellant testified that the electricity had been turned back on by the time of the termination hearing. Appellant additionally testified that he was working for his landlord doing maintenance work, earning approximately $60 per day five days a week. He stated that he felt DHS had not assisted him to achieve reunification with his child.

Earnest Friend testified that appellant had been doing maintenance work with him during the last five or six months for approximately sixty-five rental properties. Friend testified that appellant was paid ten dollars an hour and was paid by Reuben Watkins's estate for his work.

After the hearing, the trial court terminated appellant's parental rights. In the termination order, the trial court found by clear and convincing evidence that it was in A.G.'s best interest to terminate appellant's parental rights. It stated that it considered the likelihood that A.G. would be adopted and the potential harm to the health and safety of A.G. by returning her to appellant. Additionally, the trial court made the following pertinent findings:

2.

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Cite This Page — Counsel Stack

Bluebook (online)
542 S.W.3d 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-ark-dept-of-human-servs-arkctapp-2018.