Caldwell v. Arkansas Department of Human Services

2016 Ark. App. 144, 484 S.W.3d 719
CourtCourt of Appeals of Arkansas
DecidedMarch 2, 2016
DocketCV-15-925
StatusPublished
Cited by13 cases

This text of 2016 Ark. App. 144 (Caldwell 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
Caldwell v. Arkansas Department of Human Services, 2016 Ark. App. 144, 484 S.W.3d 719 (Ark. Ct. App. 2016).

Opinion

DAVID M. GLOVER, Judge

| iBobby Caldwell’s parental rights to his son, C.C., born April 28, 2006, were terminated by the White County Circuit Court. 1 Caldwell appeals the termination, arguing that the trial court erred in finding that termination of his parental rights was in C.C.’s best interest due to a complete lack of credible evidence demonstrating the likelihood of adoptability and potential harm. We affirm.

Facts,

The Department of Human ' Services (DHS) was contacted in August 2014 to assist in an interview of C.C. regarding allegations of sexual abuse. Although Caldwell had legal custody, O.C. had been in the custody of Mary Beck (C.C.’s paternal grandmother) since February 2014. In July 20Í4, it was reported that C.C. was being sexually abused by Beck, [¿who had allegedly placed drill bits into his anal area. C.C. disclosed that Caldwell had previously sexually abused him in the same manner; he was also verbalizing suicidal ■ and homicidal ideations and was physically aggressive toward Beck. Beck appeared to be under the influence during C.C.’s interview, and when given a drug- and-alcohol screen, she tested positive for methamphetamine, THC, benzodiazepines, and alcohol. Due to Beck’s positive drug- and-alcohol screen and C.C.’s suicidal and homicidal ideations, DHS took a seventy-two-hour- hold on C.C. on August 20, 2014. DHS filed a petition for emergency custody and dependency neglect on August 25, 2014; an ex parte order of emergency custody was entered on August .26. An order filed September 17, 2014, found probable cause to continue custody of C.C. with DHS; C.C. was then adjudicated dependent-neglected in an order filed October 6, 2014... In the adjudication order, the circuit court found Caldwell had not fulfilled his parental responsibility to provide proper care and housing for C.C. by allowing C.C. to live with Beck, noting Beck’s use of drugs, the sexual-abuse allegations, and C.C.’s homicidal and suicidal ideations.

On January 22, 2015, DHS filed a motion to terminate reunification services with Caldwell, arguing C.C. had been subjected to aggravated circumstances and asking for a determination that there was little likelihood services to the family would result in successful reunification. In support of this request, DHS alleged C.C.’s mother had already consented to termination of her parental rights; Caldwell’s address was unknown despite repeated requests by DHS; Caldwell, by his own report, was now unemployed; Caldwell had visited C.C. only once in five months; and Caldwell was doing nothing to try to have C.C. returned 13to his custody. In a review order filed February 5, 2015, the circuit court continued custody with DHS; the order noted the filing of the motion for a no-reunification finding but continued the goal of the case as reunification. In the order, the circuit court noted the parents were not present for the hearing, they had not complied with the case plan, Caldwell’s whereabouts were unknown, he was unemployed, and he had seen C.C. only one time during the five-month case.

Another review order was filed April 27, 2015. In the order, the circuit court changed the goal of the case from reunification to termination of parental rights with a goal of adoption. The circuit court also found by clear and convincing, evidence there was little likelihood services to the-family would result in successful reunification; specifically, the circuit court found Caldwell’s whereabouts were unknown, he would not provide DHS with his address, he was not visiting C.C., and he had demonstrated a total> lack of participation and cooperation in the case.

DHS filed a petition to terminate parental rights on April 29, 2015.' After a hearing on August 3, 2015,' the circuit court filed an order terminating parental rights on August 11, 2015. In that order, thé trial court found DHS had proved by'clear and convincing evidence it was in C.C.’s best'' interest that Caldwell’s parental rights be terminated; thé'circuit court also found two statutory bases for terminating Caldwell’s parental rights — that Caldwell had subjected C.C. to aggravated circumstances, Ark.Code Ann. § 9-27-341(b)(l)(B)(ix)(a) (Repl. 2015), and that other factors arose subsequent to the filing of the originar petition for dependency-neglect that demonstrated that return of the juvenile to the custody of the parent [¿was 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. Ark. Code Ann. § 9-27-341(b)(l)(B)(vii)(a).

Standard of Review

Termination-of-parental rights cases are reviewed de' novo. Schaible v. Arkansas Dep’t of Human Servs., 2014 Ark.App. 541, 444 S.W.3d 366. To terminate parental rights, at least one statutory ground must exist, 2 as well as a finding that it is in the child’s best interest for parental rights to be terminated; these must be proved by clear and convincing evidence. Id. In making a “best interest” determination, the circuit court is required to consider two factors: (1) the likelihood the child will be adopted, and (2) the potential harm to the child if custody is returned to a parent. Ford v. Arkansas Dep’t of Human Servs., 2014 Ark. App. 226, 434 S.W.3d 378. 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; the appellate inquiry is whether the circuit court’s finding that the disputed fact was proved by clear and convincing evidence is clearly erroneous. Id. In resolving the clearly erroneous question, we must give due regard to the opportunity of the circuit court to judge the credibility of witnesses. McFarland v. Arkansas Dep’t of Human Servs., 91 Ark. App. 323, 210 S.W.3d 143 (2005).

¡¡Adoptability'

Caldwell first argues there is no evidence C.C. would be adopted, given his uncontrollable behavior and his caseworker’s testimony that finding an adoptive home would be a challenge. While the likelihood of adoption must be considered by the circuit court, that factor is not required to be established by clear and convincing evidence. Hammam, v. Arkansas Dep’t of Human Servs., 2014 Ark. App. 295, 435 S.W.3d 495. A caseworker’s testimony that a child is adoptable is sufficient to support an adoptability finding. Id.

In support of his argument, Caldwell cites Grant v. Arkansas Department of Human Services, 2010 Ark. App. 636, 378 S.W.3d 227, and Lively v. Arkansas Department of Human Services, 2015 Ark. App. 131, 456 S.W.3d 383. These cases are distinguishable from the facts of the present case. In Grant, the child in question was autistic, and the only evidence regarding his adoptability was from the adoption specialist, who was of the opinion the child was adoptable because she believed that all children were adoptable. In Lively, there was no evidence of adoptability presented at trial for the trial court to consider.

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Bluebook (online)
2016 Ark. App. 144, 484 S.W.3d 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caldwell-v-arkansas-department-of-human-services-arkctapp-2016.