Dunn v. Arkansas Department of Human Services

2016 Ark. App. 34, 480 S.W.3d 186, 2016 Ark. App. LEXIS 40
CourtCourt of Appeals of Arkansas
DecidedJanuary 20, 2016
DocketCV-15-721
StatusPublished
Cited by11 cases

This text of 2016 Ark. App. 34 (Dunn 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
Dunn v. Arkansas Department of Human Services, 2016 Ark. App. 34, 480 S.W.3d 186, 2016 Ark. App. LEXIS 40 (Ark. Ct. App. 2016).

Opinion

KENNETH S. HIXSON, Judge

| Appellants William Dunn and Jamie Dunn appeal from the termination of their parental rights to their two daughters, I.D., age three, and .K.D., age one. Jamie also appeals from the termination of her parental rights to G.L., her five-year-old son from a previous relationship. 1 On appeal, William and Jamie challenge the sufficiency of the evidence supporting the termination of their parental rights. We affirm.

We review termination of parental rights cases de novo. Mitchell v. Ark. Dep’t of Human Servs., 2013 Ark. App. 715, 430 S.W.3d 851. At least one statutory ground must exist, in addition to a finding that it is in the child’s best interest to terminate parental rights; these must be proved by clear and convincing evidence. Ark. Code Ann. § 9-27-341 (Supp. 2015); M.T. v. Ark. Dep’t of Human Servs., 58 Ark. App. 302, 952 S.W.2d 177 (1997). Clear and convincing evidence is that degree of proof that will produce in the factfinder a firm conviction as to the allegation sought to be established. Anderson v. Douglas, 310 Ark. 633, 839 S.W.2d 196 (1992). The appellate inquiry is whether the trial court’s finding that the disputed fact was proved 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. Yarborough v. Ark. Dep’t of Human Servs., 96 Ark. App. 247, 240 S.W.3d 626 (2006).

In March 2014, William and Jamie were living in a hotel with the two older children. The youngest child, K.D., was born on March 7, 2014.

On March 17, 2014, appellee Arkansas Department of Human Services (DHS) filed a petition for emergency custody of all three children. Attached to the petition was an affidavit of a family service worker stating that K.D. had tested positive for marijuana at birth and was diagnosed with polycythemia, Upon .being investigated, Jamie admitted to smoking marijuana to help relieve contraction pains while pregnant with K.D. Both parents were drug screened, and both William and Jamie tested positive for marijuaha and methampKetamine. Jamie also tested positive for PCP. K.D. was released from the hospital on March 14, 2014, ahd DHS took an emergency hold of "all three children. On March 17, 2014, the trial court entered an order for emergency DHS custody.

The trial court entered a probable-cause order on March 19, 2014. In the probable-cause order, the trial court ordered that the parties undergo a psychological evaluation, Issubmit to random drug screens, and submit themselves to a drug-arid-alcohol assessrrient and follow any recommendations. The parties were also ordered to .maintain stable housing and employment.

On May 7, 2014, the trial court entered an order adjudicating the' children dependent/neglected based on the trial court’s finding that the children had been ¡subjeetr ed to parental unfitness and neglect due to their parents’ drug use. The adjudication order noted that both. I.D. and G.L. had •tested positive on a hair-follicle test for amphetamines, meth, cannabinoids, and THC. The goal of the case was reunification.

• A review order was entered on August 27, 2014, wherein the trial court found that William and Jamie were mostly in compliance with the case plan, and that William had a good job and needed to keep it. However, on February 11, 2015, the trial court entered a review/permanency-planning order stating that William had lost his job and had’ spent forty-five days in jail for failure to pay child support for his child from a prior relationship. That order noted that Jamie had been noncompliant with the case plan, and that although she had obtained employment at a discount store, she was fired two weeks later and was currently unemployed. The trial court also found that the parents had failed to maintain stability and that both had recently tested positive for THC. The goal of the case was changed to termination of parental rights and adoption.

DHS filed a petition .to terminate both parents’ parental rights on April 2, 2015. The termination hearing was held on May 4, 2015.

On June 9, 2015, the trial court entered an order terminating William’s and Jamie’s parental rights as- to the -three children. The trial court found by clear and convincing ^evidence that termination.of parental rights was in the children’s best interest, and the court specifically considered the likelihood that the children, would be adopted, as well as the potential harm of returning them to the custody of their parents as required by Arkansas Code Annotated section 9—27—841(b)(3)(A)(i) & (ii) (Supp. 2015). The trial court also found, with respect to both parents,' clear and convincing evidence of the following two statutory: grounds .under subsection (b)(3)(B):

(vii)(a) That,. other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that demonstrate that placement of the juvenile in the custody of the parent is 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 the placement of the' juvenile in the custody of the parent;
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(ix)(a) The parent is found by a court of competent jurisdiction, including the juvenile division of circuit court, to:
(3)(A) Have subjected any juvenile to aggravated circumstances.
(B) “Aggravated circumstances” means:
(i) ... [A] determination has been-made by a judge that there is little likelihood that services to the family will result in successful reunification[.]

With respect to Jamie only, the trial court further found that DHS proved statutory grounds under subsection (b)(3)(B)(i)foj, which provides:

That a juvenile has been adjudicated by the cotirt to be dependdnt-neglected ahd has continued to be out of the custody of the parent for twelve (12) months, and, despite a meaningful effort by the department to rehabilitate the parent and. correct the conditions that caused removal, those conditions have not been remedied by the parent.

. Dr. Paul DeYoub, a forensic psycholo-. gist, testified at the termination hearing. Dr, DeYoub performed psychological evaluations on both William and Jamie. He Isdiagnosed William and Jamie with cannabis-use disorder, .and his greatest concern was their drug use apd denial of the same. Dr, DeYoub was also concerned about their lack of stability. Dr. DeYoub.

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Bluebook (online)
2016 Ark. App. 34, 480 S.W.3d 186, 2016 Ark. App. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-arkansas-department-of-human-services-arkctapp-2016.