Chaffin v. Arkansas Department of Human Services

2015 Ark. App. 522, 471 S.W.3d 251, 2015 Ark. App. LEXIS 611
CourtCourt of Appeals of Arkansas
DecidedSeptember 30, 2015
DocketCV-15-423
StatusPublished
Cited by42 cases

This text of 2015 Ark. App. 522 (Chaffin 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
Chaffin v. Arkansas Department of Human Services, 2015 Ark. App. 522, 471 S.W.3d 251, 2015 Ark. App. LEXIS 611 (Ark. Ct. App. 2015).

Opinion

M. MICHAEL KINARD, Judge

h Sherri Chaffin appeals from an order terminating her parental rights to her four minor children. She argues that the evidence does not support the trial court’s finding of a statutory ground for termination or its finding that termination was in the children’s best interest. She also contends that she was not afforded legal counsel in a timely fashion. We affirm.

Appellant and the children’s father divoreed iñ 2005, when appellant was in federal prison, and the father was awarded custody. Thé children were removed from the custody of their father in July 2013 due to inadequate supervision and the father’s drug use. One of the children, then twelve years old, had been left home alone; two thieves, were discovered in the home at around 1:00 a.m.,. hiding from the police; the parents could not be reached; the home contained little food and no water or furniture; and, once located, the father tested positive for methamphetamine. Probable cause and adjudication hearings and orders soon followed, with the children being found to be dependent-neglected and custody. being | ¡¡.placed with the Arkansas Department of Human Services (DHS). A case plan developed by DHS was approved by the trial court and required, inter alia, that appellant undergo a psychological evaluation; attend regular psychological counseling; obtain and maintain stable employment and provide proof of financial stability; attend parenting classes and demonstrate parenting skills learned; and maintain safe and appropriate housing.

Over the next eighteen months, services were' offered to appellant arid the children’s father,, and a number of review and permanency planning hearings were held. The father was rarely present at the hear-, ings, he did not visit the children, and his whereabouts were often unknown, to DHS or the court. Appellant partially complied with the case plan: she underwent the psychological evaluation but soon dropped out of counseling, failed to attend parenting classes, and never got a job. She, too, rarely visited the children. She also missed at least two of the review hearings. About nine months into the case, in the spring of 2014, appellant was incarcerated for a short period for writing hot checks. Eventually, DHS filed a petition to terminate the parental rights of both parents. After a January 2015 hearing, attended by both appellant and the father and their respective court-appointed attorneys, the trial court terminated their , parental rights. Appellant appeals that decision. 1

The termination of parental rights is a two-step process. The trial court must find by clear and convincing evidence (1) the existence of one or more statutory grounds for termination and (2) that termination is in the best interest of the children. Harbin v. Arkansas Department of Human Services, 2014 Ark. App. 715, 451 S.W.3d 231. On appeal, sufficiency 13of the evidencie is determined by whether the trial court’s finding that the fact was proved by clear and convincing evidence is clearly erroneous. McDaniel v. Arkansas Department of Human Services, 2013 Ark. App. 263, 2013 WL 1776479. A finding is clearly erroneous when the appellate court is, on the entire evidence, left with a definite and firm conviction that a mistake has been made. Id. In deciding whether a finding of the trial court is clearly erroneous, we give great deference to the superi- or opportunity of the trial court to observe the parties and to judge the credibility of witnesses. Id.

Appellant first contends that the evidence is insufficient to support either of the two statutory grounds for termination found by the trial court in this case, namely, that appellant had failed to remedy the conditions that caused removal of the children under Arkansas Code Annotated section 9-27-341(b)(l)(B)(i)(q) (Supp. 2013), and that other factors had arisen subsequent to the original petition that demonstrate that placement of the children with appellant would be contrary to their health, safety, and welfare and that appellant had manifested the incapacity or indifference to remedy those issues under section 9-27-341(b)(l)(B)(vii)(h). However, as to the second ground relied upon by the trial court, “other factors,” appellant offers only a two-sentence, conclusory argument that is essentially limited to the following statement: “The petition does not allege, the testimony does not bear out, and the court does not make a finding specifically as to what other factors arose subsequent to the filing of the petition that set this ground in motion.” (Emphasis added.) Under these circumstances, we need not address the sufficiency of the evidence to support the finding of statutory grounds for termination.

Appellant did not object below to the perceived lack of factual specificity of the petition to terminate her parental rights, and that argument cannot be raised for the first time on appeal. See Thompson v. Thompson, 2012 Ark. App. 296, 2012 WL 1435660. Moreover, appellant did not request specific findings of fact from the trial court, and she cites nothing for the proposition that the court is otherwise obligated to expressly make specific findings to support its conclusion. Indeed, in the absence of a statute or rule requiring specific findings of fact or a timely request for specific findings under Ark. R. Civ. P. 52, the appellate court will ordinarily presume that the trial court made findings necessary to support its conclusion. See American States Insurance Co. v. Williams, 2010 Ark. App. 840, 2010 WL 5129958.

Therefore, appellant’s attack on the sufficiency of the evidence to support the court’s “other factors” determination is limited to her contention that “the testimony does not bear out” the ground. However, a mere conclusory statement without convincing argument or citation to authority is not effective to raise a point on appeal. Hall v. Arkansas Department of Human Services, 2012 Ark. App. 245, 413 S.W.3d 542. Inasmuch as appellant’s brief leaves the “other factors” ground found by the trial court unchallenged, that ground is sufficient to establish the statutory-ground element of appellee’s burden of proof. Lively v. Arkansas Department of Human Services, 2015 Ark. App. 131, 456 S.W.3d 383; Casarreal v. Arkansas Department of Human Services, 2010 Ark. App. 622, 2010 WL 3700209.

Appellant next ‘contends that the trial court erred in finding that termination of her parental rights was in the children’s best interest. We find no error on this point.

| sThe best-interest analysis includes consideration of the likelihood that the children will be adopted and of the potential harm caused by returning custody of the children to the parent. Ark. Code Ann. § 9-27-341(b)(3)(A) (Supp. 2013). However, adoptability and potential harm are merely factors to be considered — they are not elements of the cause of action and need not be established by clear and convincing evidence. See Harbin v. Arkansas Department of Human Services, 2014 Ark. App. 715, 451 S.W.3d 231; McDaniel v. Arkansas Department of Human Services, 2013 Ark. App. 263, 2013 WL 1776479. Rather, after considering all of the factors, the trial court must find by clear and convincing evidence that termination of parental rights is in the best interest of the children.. Harbin, supra.

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Bluebook (online)
2015 Ark. App. 522, 471 S.W.3d 251, 2015 Ark. App. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaffin-v-arkansas-department-of-human-services-arkctapp-2015.