Dodd v. Arkansas Department of Human Services

2016 Ark. App. 64, 481 S.W.3d 789, 2016 Ark. App. LEXIS 69
CourtCourt of Appeals of Arkansas
DecidedFebruary 3, 2016
DocketCV-15-747
StatusPublished
Cited by2 cases

This text of 2016 Ark. App. 64 (Dodd 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
Dodd v. Arkansas Department of Human Services, 2016 Ark. App. 64, 481 S.W.3d 789, 2016 Ark. App. LEXIS 69 (Ark. Ct. App. 2016).

Opinion

' RAYMOND R. ABRAMSON, Judge

11 Joseph Dodd appeals from the June 16, 2015 Pulaski County Circuit Court order terminating his parental rights to his daughter, S.D. (DOB: 7-31-13). On appeal, Dodd argues that insufficient evidence existed to support termination of his rights and that the trial court erred in finding that termination was in the child’s best interest. A review of the record does not show that the circuit court’s decision was clearly erroneous. As such, we affirm.

An order forever terminating parental rights must be based on clear and convincing evidence that termination is in the child’s best interest. Ark.Code Ann. § 9-27-341(b)(3)(A) (Supp.2015). In determining whether termination is in the child’s best interest, the circuit court must consider the likelihood that the child will be adopted if the termination petition is granted and the potential harm, specifically addressing the effect on the health and safety of |2the child, caused by returning the child -to the custody of the parent, parents, or putative parent or parents. Ark.Code Ann. § 9-27-341(b)(3)(A)(i) and (ii).

Additionally, the Arkansas Department of Human Services (DHS) must prove at least one statutory ground for termination by clear and convincing evidence. Ark.Code Ann. § 9-27-341(b)(3)(B). It is well settled that these cases are reviewed de novo on the record, but we do not reverse a termination order unless the circuit court’s findings of dear and convincing evidence were clearly erroneous. Meriweather v. Ark. Dep’t of Health & Human Servs., 98 Ark.App. 328, 255 S.W.3d 505 (2007). 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 committed. Id.

On December 1, 2013, DHS received a call from the hotline stating that -there had been a report for “Abuse Threat of Harm.” The child’s mother, Brandi Galley, had been admitted to UAMS for having suicidal and homicidal ideations. The child’s father, appellant Joseph Dodd, had tested’ positive for THC, methamphetamine, and benzodiazepine. On December 4, 2013, DHS petitioned for ex parte emergency-custody and dependency-neglect, which the court granted. On December 11,2013, the parties stipulated to probable cause. Dodd was allowed to visit S.D. but was also ordered to immediately complete a psychological evaluation, and to submit to random drug screens. DHS was ordered to make a referral for DNA testing.

On February 19, 2014, the court adjudicated S.D. dependent-neglected due to neglect ánd parental unfitness. On February 27, 2014, Dodd was ordered to follow the | ¡¡recommendations of the psychological evaluation, participate in individual and/or family counseling, take medication as prescribed, refrain from the use of illegal drugs, submit to a drug-and-alcohol .assessment, submit to drug screens, attend AA/NA meetings at least twice á week, complete parenting classes, obtain safe and stable housing, maintain stable employment and income, and obtain a court order of paternity.

At the hearings on both May 22, 2014 and on September 11, 2014, the court found that Dodd had substantially complied by submitting to DNA testing, clean drug testing, drug treatment, stable housing, income, and visitation. The court noted the only thing he was lacking was the AA/NA sign-in sheets. At the permanency-planning hearing, the trial court found that Dodd had complied with the case plan and court orders, and the court authorized a plan to place custody of the juvenile with Dodd- since he had been, complying and making significant measurable progress. Dodd’s visitation increased while the court ordered that the mother have no visitation with the juvenile pending the termination of her parental rights adjudication hearing.

On December 22, 2014, Dodd was awarded temporary custody of S.D. On January 20, 2015, "á petition for termination of parental rights was filed'against Brándi Galley only. On'March 9, 2015, DHS filed a Aotion for emergency change of custody after Dodd' had allowed Galley to visit his home and 'spend the night with S.D. present, and Dodd had also tested positive for marijuana.' The court granted the motion and held a probable-cause hearing on March 12, 2015. The court found that probable cause existed because Dodd had tested | .¡.positive for. marijuana, and he admitted that he had allowed Galley to spend the night despite the fact he knew that she had been ordered to have no contact with the minor .child'. -

Finding that’ Dodd was not credible and that he had continued using marijuana on a regular basis, the court changed the goal to termination in his case. DHS filed an amended petition for termination of parental rights alleging multiple grounds. A termination hearing was held on May 28, 2015, and Dodd testified that he had learned his lesson and would not speak to Galley again.. On June 16, 2015, the circuit court entered an order termmating Dodd’s parental rights to S.D. on the basis of subsequent factors and aggravated circumstances,.' specifically due to his continued drug use and contact with Galley, which was in direct violation of a court order. Dodd timely filed a notice of appeal.

Termination of parental rights is an extreme remedy and in derogation of the natural rights of the parents. Albright v. Ark. Dep’t of Human Sews., 97 Ark. App. 277, 248 S.W.3d 498-(2007). However, courts are not to enforce parental rights to the detriment- or destruction of the health and well-being'of a child. Id. An order terminating parental rights must be based upon a finding by clear and convincing evidence that (1) termination of parental rights is in the best interest of the children, considering the likelihood that the children will be adopted if the parents’ rights are terminated and the potential harm caused by returning, the children to the parents’ custody, and (2) at least one ground for termination exists. See Ark.Code Ann. § 9-27-341(b)(3)(A) and (B).

We review termination-of-parental-rights cases de novo. Lee v. Ark. Dep’t of Human■ Servs., 102 Ark,App. 337, 285 S.W.3d 277 (2008). However, we will not reverse the circuit | Rcourt’s finding of clear and convincing evidence unless that finding is clearly erroneous. See Albright, supra, A finding is clearly erroneous when, although there is evidence to support it, the reviewing court, considering the entire evidence,.is left with a definite and firm conviction that a mistake has been made. Id. When determining the clearly erroneous question, the appellate court gives due deference to the opportunity of the trial court to judge,the credibility of witnesses. Id.

Dodd challenges the court’s findings and argues that the evidence does not support any statutory ground for termination. The juvenile code provides nine different grounds that warrant termination. See Ark.Code Ann. § 9-27-341(b)(3)(B). But only one ground is needed to terminate parental rights. Albright, supra.

Here, the circuit court terminated Dodd!s parental- rights under Ark.Code Ann.

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Related

Phillips v. Ark. Dep't of Human Servs.
2018 Ark. App. 565 (Court of Appeals of Arkansas, 2018)
Vail v. Arkansas Department of Human Services
2016 Ark. App. 150 (Court of Appeals of Arkansas, 2016)

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Bluebook (online)
2016 Ark. App. 64, 481 S.W.3d 789, 2016 Ark. App. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodd-v-arkansas-department-of-human-services-arkctapp-2016.