Eddie Briley v. Arkansas Department of Human Services and Minor Child

2025 Ark. App. 302
CourtCourt of Appeals of Arkansas
DecidedMay 14, 2025
StatusPublished

This text of 2025 Ark. App. 302 (Eddie Briley v. Arkansas Department of Human Services and Minor Child) 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
Eddie Briley v. Arkansas Department of Human Services and Minor Child, 2025 Ark. App. 302 (Ark. Ct. App. 2025).

Opinion

Cite as 2025 Ark. App. 302 ARKANSAS COURT OF APPEALS DIVISION III No. CV-24-726

EDDIE BRILEY Opinion Delivered May 14, 2025

APPELLANT APPEAL FROM THE JEFFERSON COUNTY CIRCUIT COURT V. [NO. 35JV-23-214]

ARKANSAS DEPARTMENT OF HONORABLE EARNEST E. BROWN, HUMAN SERVICES AND MINOR JR., JUDGE CHILD APPELLEES AFFIRMED

CASEY R. TUCKER, Judge

Eddie Briley appeals the termination of his parental rights to his son, MC, by the

Jefferson County Circuit Court. The circuit court terminated the parental rights of MC’s

mother, Sharell Lipsey (“Lipsey”), as well, but she has not appealed. Briley argues on appeal

that he was denied due process to such an extent that the resulting prejudice was not

harmless error. We affirm.

On May 11, 2023, MC, who was fourteen years old,1 appeared in court for a

delinquency hearing. At that time, his paternal grandmother, Rosie Thomas, with whom he

was living, told the court that MC could no longer live with her. Thomas also told the court

that Lipsey’s whereabouts were unknown, that Briley was incarcerated, and that there were

1 MC was born on February 4, 2009. no other family members available to take MC. The court ordered the Arkansas Department

of Human Services (the Department) to take emergency custody of MC.

On May 15, 2023, the Department filed a petition for dependency-neglect. The

petition listed Briley as MC’s putative father. The court entered an ex parte order for the

Department to take emergency custody of MC on May 16. On May 17, the Department

filed a motion for Briley to appear for the probable-cause hearing via Zoom, and the court

entered the order on the same day. Sergeant T. Langford of the Jefferson County Sheriff’s

Department served Briley with the petition for dependency-neglect, summons, and putative-

father notice at W.C. “Dub” Brassel Detention Center on May 30.

The court held the probable-cause hearing on May 18, twelve days before Briley was

served with the petition. The probable-cause order notes that Briley was excused from the

hearing because he was in jail, and the jail was unable to make him available by Zoom. The

court found that the Department had been involved with MC’s family since June 2009; the

grandmother refused to allow MC to continue to live with her; and Lipsey’s whereabouts

were unknown. The court found probable cause that the emergency conditions that

necessitated MC’s removal from his parent—Lipsey—continued. Thus, it was necessary for

MC to remain in the custody of the Department. The court also found that the parents had

provided the name and contact information for MC’s adult relatives, one of the persons

being Rosie Thomas, and had provided Briley’s name as MC’s putative father and had listed

him as being in the Jefferson County jail. The court appointed Therese Free as counsel for

2 Lipsey and stated, “Parent counsel is appointed for Eddie Briley, Jr.” The court also

appointed a CASA and set an adjudication hearing for June 29, 2023.

Briley was not present for the adjudication hearing, but he was represented by

attorney Phil Beuth. The transcript from the adjudication hearing is not part of this record.

The court found that Briley is MC’s putative father of MC. Lipsey’s whereabouts were still

unknown; Briley remained incarcerated; Rosie Thomas continued to be unwilling to care

for MC; and there were no other relatives or friends willing and able to care for him. The

court ordered that MC remain in the custody of the Department due to parental unfitness.

The goal of the case remained reunification with a fit parent with a concurrent goal of

placement with a relative of MC’s fictive kin. The court approved the Department’s case

plan.

Attorney Zoe Jackson (“Jackson”) entered her appearance as Briley’s appointed parent

counsel on October 17, 2023. The court held a review hearing on November 2, and Jackson

appeared on Briley’s behalf. Again, the hearing transcript was not made part of this record.

The court found that MC should remain in the custody of the Department. The goal of the

case remained reunification with concurrent planning being deemed inappropriate. The

court set the permanency-planning hearing for February 1, 2024.

Following the permanency-planning hearing, the court entered its order on April 4,

2024. The court found that the parents were not substantially compliant with the case plan

and orders of the court. It also found that aggravated circumstances existed such that there

was little likelihood that continued efforts by the Department would result in a successful

3 reunification. The court ordered that MC remain in the custody of the Department and that

the Department continue reunification services until the court determined they were no

longer needed, terminated parental rights, or otherwise finalized a permanency plan. The

court changed the goal of the case to adoption.

The Department filed a petition for termination of parental rights on February 27,

2024, naming Briley as MC’s father2 and alleging that MC had been adjudicated dependent-

neglected and continued out of the custody of his parent for twelve months, and despite the

Department’s best efforts, the conditions that caused the removal had not been corrected.

The certificate of service of the petition shows that it was served on Briley’s attorney, Jackson.

Additionally, the record contains proof of service reflecting that Warden Michelle Gray

delivered the summons and pleading to Briley at the North Central Unit of the Arkansas

Division of Correction on March 6, 2024. In its petition, the Department alleged that Briley

was sentenced in a criminal proceeding for a period of time that would constitute a

substantial period of the juvenile’s life. The Department claimed in part:

Eddie Brieley [sic] Jr. has been incarcerated throughout the duration of the case. Eddie Briley Jr. has expressed no interest in his child, and has not coordinated with the Department, despite the departments [sic] best efforts to contact him and encourage his involvement. Despite the fact that the juvenile is placed with Mr. Briley’s mother,[3] reducing the burden he would bear by becoming involved, he has not elected to become involved in any fashion. Finally, the juvenile has indicated to the Department that he has no wish to be reunified with Mr. Briley.

2 Briley was found to be MC’s father by a judgment of paternity in 2014. 3 According to the record, MC was no longer living with Thomas when the Department filed the petition to terminate parental rights.

4 The Department also claimed:

The total lack of interest in, and effectively absolute abandonment of, the juvenile [MC] is such that their parental rights should be terminated, such that the Department may be able to find some parent who is interested in the life of this juvenile, and able to serve as the parent that Ms. Lipsey and Mr. Brieley [sic] have manifestly shown no interest in.

Finally, the Department alleged that termination of parental rights was in MC’s best interest.

Jackson appeared at the termination hearing on May 9 ostensibly on behalf of Briley,

who was not in attendance.4 When asked, she informed the court that she had not had any

contact with Briley. When Lipsey’s attorney stated that Briley was incarcerated in Calico

Rock, Ms. Jackson asked, “He’s in what?” Evidently, she had not expended much effort in

contacting her client.

The Department called Kamelia Edwards, a family service worker supervisor, who

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Related

Tuck v. Arkansas Department of Human Services
288 S.W.3d 665 (Court of Appeals of Arkansas, 2008)
Wicks v. State
606 S.W.2d 366 (Supreme Court of Arkansas, 1980)
Vogel v. Arkansas Department of Human Services
2015 Ark. App. 671 (Court of Appeals of Arkansas, 2015)
Edwards v. Arkansas Department of Human Services
2016 Ark. App. 37 (Court of Appeals of Arkansas, 2016)
Sills v. Ark. Dep't of Human Servs.
538 S.W.3d 249 (Court of Appeals of Arkansas, 2018)
Jose Chacon v. Arkansas Department of Human Services and Minor Children
2020 Ark. App. 277 (Court of Appeals of Arkansas, 2020)

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2025 Ark. App. 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddie-briley-v-arkansas-department-of-human-services-and-minor-child-arkctapp-2025.