Dawson v. Arkansas Department of Human Services

391 S.W.3d 352, 2011 Ark. App. 106, 2011 WL 478671, 2011 Ark. App. LEXIS 107
CourtCourt of Appeals of Arkansas
DecidedFebruary 9, 2011
DocketNo. CA 10-1055
StatusPublished
Cited by3 cases

This text of 391 S.W.3d 352 (Dawson 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
Dawson v. Arkansas Department of Human Services, 391 S.W.3d 352, 2011 Ark. App. 106, 2011 WL 478671, 2011 Ark. App. LEXIS 107 (Ark. Ct. App. 2011).

Opinion

DAVID M. GLOVER, Judge.

| Appellant, Heather Dawson,1 appeals the termination of parental rights to her children, E.J., born April 18, 2003; P.J., born June 18, 2004; and C.J., born March 3, 2006.2 Pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004) and Rule 6-9(1) of the Rules of the Supreme Court and Court of Appeals of the State | gof Arkansas, Dawson’s attorney has filed a no-merit brief asserting that there are no issues that would support a meritorious appeal and a motion requesting to be relieved as counsel. The clerk of this court provided Dawson with a copy of her counsel’s motion and brief and notified Dawson of her right to file pro se points of appeal, which Dawson has done. We grant counsel’s motion to withdraw and affirm the termination of Dawson’s parental rights.

Termination-of-parental-rights cases are reviewed de novo. Hune v. Ark. Dep’t of Human Servs., 2010 Ark. App. 543, 2010 WL 2612681. Termination of parental rights is an extreme remedy and in derogation of a parent’s natural rights; however, parental rights will not be enforced to the detriment or destruction of the health and well being of the child. Meriweather v. Ark. Dep’t of Health & Human Servs., 98 Ark. App. 328, 255 S.W.3d 505 (2007). Grounds for termination of parental rights must be proven by clear and convincing evidence. Hughes v. Ark. Dep’t of Human Servs., 2010 Ark. App. 526, 2010 WL 2522197. The appellate inquiry is whether the trial court’s finding that the disputed fact was proven by clear and convincing evidence is clearly erroneous. J.T. v. Ark. Dep’t of Human Servs., 329 Ark. 243, 947 S.W.2d 761 (1997). A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been made. Id.

Sufficiency of evidence for termination

In order to terminate parental rights, a trial court must find by clear and convincing evidence that termination is in the best interest of the juvenile, taking into consideration (1) the likelihood that the juvenile will be adopted if the termination petition is granted; and (2) [¡¡the potential harm, specifically addressing the effect on the health and safety of the child, caused by returning the child to the custody of the parent. Ark.Code Ann. § 9-27-341(b)(3)(A)(i) & (ii) (Repl.2009). Additionally, the trial court must find by clear and convincing evidence that one or more statutory grounds for termination exists. Ark.Code Ann. § 9 — 27—341(b)(3)(B) (Repl. 2009). Proof of only one statutory ground is sufficient to terminate parental rights. Gossett v. Arkansas Dep’t of Human Servs., 2010 Ark. App. 240, 374 S.W.3d 205.

In the present case, the trial court terminated Dawson’s parental rights on two grounds — Ark. Code Ann. § 9-27-341(b)(3)(B)(i)(a) (juveniles have been adjudicated dependent-neglected and have continued out of the custody of the parent for twelve months and, despite meaningful efforts by DHS to rehabilitate the parent and correct the conditions causing removal, the conditions have not been remedied by the parent); and Ark.Code Ann. § 9-27-341(b)(3)(B)(vii)(a) (other factors or issues arose subsequent to the filing of the original petition for dependency-neglect demonstrating that return of the juveniles to the parent’s custody is contrary to the juveniles’ health, safety, or welfare and 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 circumstances that prevent return of the juvenile to the custody of the parent).

Here, the trial court found that there was a great likelihood that the children would be adopted, based upon testimony from the adoption specialist, who testified that there were over ten families willing to adopt children of similar sibling groups, ages, and activity levels. 14Additionally, the trial court found that there was potential harm to the health and safety of the children if they were returned to Dawson’s custody due to her failure to maintain a sober and stable lifestyle for herself, and because she did not have a home or employment. The trial court noted that, other than passing her drug screens since October 2009, Dawson was in no better a position than when the children were removed. These findings are sufficient to support the trial court’s “best interests” determination, ie., that termination of Dawson’s parental rights was in the children’s best interests.

We also find no error with regard to the grounds found by the trial court to terminate Dawson’s parental rights. Dawson’s children were taken into DHS custody on an emergency basis on January 3, 2009, when officers found them locked in a house without an adult. Dawson was outside, with blood on her face, hands, and clothes, and she was argumentative and uncooperative with the responding officers. A crack pipe and marijuana were found close to where the children were standing, another crack pipe was found near the children’s toys, ánd a marijuana pipe was found on Dawson’s person. Dawson was taken to jail; when a DHS worker arrived for the children, she found the house in disarray, with dirty clothes and trash covering the floors. Pieces of glass were on the floor, and two of the children were observed playing in the glass with no socks or shoes on their feet. A petition for emergency custody and dependency/neglect was filed on January 7, and an order for emergency custody was issued that same day.

Sequentially, a probable-cause order was then filed January 14, 2009, continuing custody of the children with DHS and ordering Dawson to see a psychiatrist; have a ^psychological evaluation; complete parenting classes; attend inpatient counseling; and acquire stable housing and employment. On March 4, 2009, the trial court adjudicated the children dependent/neglected. In a review order filed on June 24, 2009, Dawson was further ordered, among other things, to attend' parenting classes, ■ attend counseling and follow any recommendations; submit to random drug screens; remain drug free; undergo an alcohol and drug assessment and follow the recommendations; complete residential drug/alcohol treatment and follow the recommendations; attend outpatient drug treatment after residential treatment; attend AA/NA five times per week and provide sign-in sheets; undergo a medication assessment and follow the recommendations; take prescribed medications; maintain stable and suitable housing; maintain stable employment; attend DHS staff-ings; comply with the case plan; cooperate and maintain contact with DHS; maintain reliable transportation; refrain from criminal or illegal activity; seek assistance for a divorce; and follow Dr. Paul Deyoub’s recommendations from her earlier psychological evaluation.

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Related

Chapman v. Arkansas Department of Human Services
2014 Ark. App. 525 (Court of Appeals of Arkansas, 2014)
Weathers v. Arkansas Department of Human Services
2014 Ark. App. 142 (Court of Appeals of Arkansas, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
391 S.W.3d 352, 2011 Ark. App. 106, 2011 WL 478671, 2011 Ark. App. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dawson-v-arkansas-department-of-human-services-arkctapp-2011.