Crow v. Arkansas Department of Human Services

416 S.W.3d 269, 2012 Ark. App. 313, 2012 Ark. App. LEXIS 414
CourtCourt of Appeals of Arkansas
DecidedMay 2, 2012
DocketNo. CA 12-4
StatusPublished

This text of 416 S.W.3d 269 (Crow 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
Crow v. Arkansas Department of Human Services, 416 S.W.3d 269, 2012 Ark. App. 313, 2012 Ark. App. LEXIS 414 (Ark. Ct. App. 2012).

Opinion

RAYMOND R. ABRAMSON, Judge.

I, Appellant John Crow’s parental rights in his daughter, E.M., born July 7, 2009, were terminated by the Perry County Circuit Court on October 6, 2011.1 On appeal, Crow argues that the trial court failed to consider his recent progress when it terminated his parental rights. We affirm.

E.M. was taken into emergency custody by the Department of Human Services (DHS) on May 17, 2010, after numerous reports had been made regarding her mother, Lacy Morehead. The most recent allegations included Morehead using drugs, having unstable and unsafe living conditions, and hitting ten-month-old E.M. in the head for “pooping” in her diapers. An ex parte order for emergency custody was entered on May 20, 2010, with appellant listed as E.M.’s putative father. A hearing took place on May 25, 2010, and a 12probable-cause order was entered on June 18, 2010. The court stated that appellant would not be granted visitation until he produced an order of paternity, at which time he would be allowed the same visitation as Morehead — one hour of supervised visitation a week at the DHS office.

Following a hearing, an order was entered on July 22, 2010, adjudicating E.M. dependent-neglected based on “general parental unfitness, the transient lifestyle and frequent moves of the mother and child, the mother’s use of prescription drugs not prescribed to her, and general instability of the mother.” The court found that appellant was E.M.’s biological father based on DNA test results and ordered DHS to offer him all services previously ordered with regard to Morehead, including random drug screens. The court also ordered that appellant have a drug-and-alcohol assessment if any screen was positive, with any recommendations to be followed; attend individual counseling and have a psychological evaluation, with recommendations to be followed; attend parenting classes; maintain stable housing, income, and employment; and notify DHS of any change in address or telephone number. The goal of the case was set as reunification with the mother.

After a hearing in September, a review order was entered on October 26, 2010. Appellant’s parenting certificate, a drug- and-alcohol assessment, and a packet of drug screens were offered into evidence. The court found that both parents were “making efforts to comply with the case plan and court orders.” The court went on to express “doubts” about whether the conditions that caused removal were remedied. The concerns focused on More-head, but the court also stated, “The Court has issues with Mr. Crow, then later his lasister Ms. Spaul, each having a romantic relationship with the mother in this case. This causes the Court grave concerns about boundary issues within these families and whether any of them are emotionally appropriate to parent this child. The Court believes this child is at substantial risk of emotional harm.” Finally, as pertinent to this appeal, the court ordered DHS to initiate a home study on the home in which appellant was then residing.

Another review hearing was held on December 10, 2010. The resulting order reflects that appellant’s drug-screen results and psychological evaluation were introduced into evidence. The court found that appellant was making efforts to comply with the case plan and court orders, and again ordered DHS to complete the home study of appellant’s current residence.

After a hearing in March 2011, the court entered a review/permanency-planning order on April 6, 2011. The court ordered that an attorney would be appointed to represent appellant. While the court expressed serious doubts about the mother’s progress and parenting, the goal of the case remained reunification, this time “with the parties also working toward pursuing placement with [appellant] John Crow.” The court noted that appellant seemed to be the better prospect for reunification, but his home study was not favorable because of a pond located immediately next to the home and other safety concerns. Appellant had employment and transportation.

On April 26, 2011, DHS filed a motion to suspend visitation for both parents due to drug use. An affidavit showed that appellant tested positive for opiates, “benzo,” and THC on April 8, 2011; for THC on April 15; and again for THC on April 20. Appellant did not 14have a prescription for the medications and stated that he last smoked marijuana in March. The court ordered that both parents would have visitation supervised at DHS, and if either appeared intoxicated, that visitation would immediately be suspended.

A review/permanency-planning hearing was held on June 17, 2011. The evidence offered included a discharge summary for appellant from Freedom House, a substance-abuse treatment center in Russell-ville, and several drug screens. The drug-screen exhibit listed numerous positive drug screens, with the most recent on June 3, 2011. The discharge summary showed that appellant had been discharged from drug treatment as “incomplete” after he chose to leave treatment rather than transfer to residential treatment. In the resulting order, the court changed the goal of the case to adoption.

On August 9, 2011, DHS filed a petition for termination of parental rights. In the petition, DHS alleged that, at the permanency-planning hearing in June,

Mr. Crow was living with his sister, who has an open protective service case out of Conway County. He had no job or income. He signed into inpatient treatment at Freedom House, but left before completing the program.
The child has been out of the home and in DHS’[s] custody more than 12 months. The mother nor father has not remediated that [sic] conditions that caused removal. The mother and father continue to lack ... stable housing, employment, or income. In addition, other factors have arisen that prevent the safe return of the juvenile.... The parents have demonstrated an unwilling[ness] to remedy their drug problems which prevent the safe return of the juvenile to either of their custody. The parents have been offered reunification services for more than one year and continuing to offer reunification services would not result in reunification.

The termination hearing was held on September 16, 2011. Dr. George DeRoeck, a psychologist, testified that he performed evaluations of both parents. In his October 2010 psychological evaluation, Dr. DeRoeck diagnosed appellant with a personality disorder and | ^considered alternative placement for E.M. Dr. DeRoeck noted a lack of capability in terms of appellant’s overall cognitive processing, “characterological” features, and possible other mental issues. He testified that he was also concerned about the history of substance abuse and the possibility of a substance-abuse-induced persisting mood or cognitive disorder.

Margaret Linker, a counselor-in-training at Freedom House, testified regarding appellant. According to Linker, appellant had successfully completed the inpatient program in early 2007, after being court-ordered to the program. Linker was appellant’s primary counselor when he entered the outpatient program on November 8, 2010. At first, appellant did very well in the program — participating in groups, making his appointments, and passing random drug tests. Beginning' in February, appellant lost his focus and started missing appointments and making excuses.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bobby v. Arkansas Department of Human Services
12 S.W.3d 204 (Supreme Court of Arkansas, 2000)
Bearden v. Arkansas Department of Human Services
42 S.W.3d 397 (Supreme Court of Arkansas, 2001)
Prows v. Arkansas Department of Health & Human Services
283 S.W.3d 637 (Court of Appeals of Arkansas, 2008)
Wright v. Arkansas Department of Human Services
115 S.W.3d 332 (Court of Appeals of Arkansas, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
416 S.W.3d 269, 2012 Ark. App. 313, 2012 Ark. App. LEXIS 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crow-v-arkansas-department-of-human-services-arkctapp-2012.