Flowers v. Arkansas Department of Human Services

372 S.W.3d 366, 2009 Ark. App. 704, 2009 Ark. App. LEXIS 876
CourtCourt of Appeals of Arkansas
DecidedOctober 28, 2009
DocketNo. CA 09-667
StatusPublished

This text of 372 S.W.3d 366 (Flowers 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
Flowers v. Arkansas Department of Human Services, 372 S.W.3d 366, 2009 Ark. App. 704, 2009 Ark. App. LEXIS 876 (Ark. Ct. App. 2009).

Opinion

ROBERT J. GLADWIN, Judge.

liThis is a termination-of-parental-rights appeal brought by Brandi Flowers, with whom DHS has been involved since November 2004. On March 20, 2009, the Pulaski County Circuit Court terminated her parental rights to M.C., born December 6, 2006. Appellant’s attorney has filed a motion to withdraw pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), asserting that there are no issues of arguable merit to support the appeal. Under Rule 6-9(i)(l) of the Arkansas Rules of the Supreme Court and Court of Appeals, counsel’s motion is accompanied by an abstract, |2addendum, and brief stating that no adverse ruling was made at the termination hearing1 and explaining why there is no meritorious ground for reversal, including a discussion of the sufficiency of the evidence to support the termination order. The clerk of this court sent a copy of counsel’s motion and brief to appellant, informing her that she had the right to file pro se points for reversal. See Ark. Sup. Ct. R. 6-9(i)(3). Appellant filed pro se points for reversal on August 18, 2009. We agree with counsel that appellant’s appeal lacks merit.

In Flowers v. Arkansas Department of Human Services, CA08-1148, 2009 WL 268358 (Feb. 4, 2009) (unpublished), we affirmed the termination of appellant’s parental rights to another child, E.B., born December 2, 2002. M.C. was born during the course of E.B.’s proceeding. DHS filed a petition for emergency custody of M.C. on November 13, 2007, after appellant appeared in court for a review hearing in E.B.’s case. In the affidavit supporting its petition, DHS enumerated the many ways in which appellant had failed to follow the case plan in E.B.’s proceeding. It discussed the agency’s difficulty in locating M.C. and reiterated appellant’s lack of progress; failed drug tests; evasion of unannounced home visits; damage to her landlord’s premises; detrimental association with Randall Colon (a convicted felon, who was finally ruled out as M.C.’s father in 2008); and lack of credibility in court. The court entered a probable-cause order directing appellant to cooperate with DHS and giving her supervised visitation.

[¡The court held the adjudication hearing on January 8, 2008. In the resulting order, the court found M.C. to be dependent-neglected and took judicial notice of E.B.’s case, in which the court had found appellant to be an unfit parent. The court set the goal of reunification and ordered appellant to obtain and maintain stable housing and income; to submit to random drug screens; to stay in touch with DHS; to make herself available for home visits and court-ordered services; to participate in individual counseling at DHS’s expense; to notify DHS and her attorney of any change of residence; and to attend parenting classes. The court found that DHS had made reasonable efforts to provide services and ordered it to conduct a home evaluation of appellant’s residence.

The court held a permanency-planning hearing on May 13, 2008. In the resulting order, it continued the goal of reunification and stated that it would give appellant the full twelve months. Finding that DHS had made reasonable efforts to achieve reunification, the court ordered appellant to be drug-free; to submit to random drug screens at least monthly; and to maintain stable housing and income. It relieved her of the requirement of attending individual counseling because she had testified that it had been of no benefit to her.

The court held another permanency-planning hearing on October 14, 2008. It changed the goal to adoption, finding that it was in M.C.’s best interest that appellant’s parental rights be terminated. Nevertheless, the court directed DHS to continue to provide services to appellant until the termination hearing. It noted that, since the last hearing, appellant had tested positive for drugs on two occasions; had refused to submit to several other Udrug screens; and that the court had involuntarily terminated her parental rights to E.B. The court also stated that it was concerned about the lack of utilities in appellant’s home, given the long period of time that DHS had provided services to her; that she had a credibility problem; that she had not maintained stable employment; and that she had an outstanding warrant on which she might be arrested.

DHS filed a petition for termination of appellant’s parental rights to M.C. At the hearing held on February 20, 2009, the court admitted into evidence several orders from E.B.’s proceeding; appellant’s January 2006 psychological evaluation by Dr. Paul Deyoub; and appellant’s drug-screen results. ■ Dr. Deyoub, Ms. Meredith (the caseworker since February 1, 2008), Brenda Keith (an adoption specialist), and appellant testified. Dr. Deyoub said that, after evaluating appellant in January 2006, he diagnosed her with an antisocial personality disorder, which placed her at high risk of being irresponsible and unstable; putting her own needs ahead of her child’s; and making impulsive decisions. He stated that her highest test score was on the hypomania scale, which indicated the likelihood of her engaging in acting-out behavior, seeking excitement, having antisocial boyfriends, abusing drugs, and relapsing. He noted appellant’s narcissistic traits and said that individuals with antisocial personality disorder live in an unstable, narcissistic, impulsive, and hedonistic manner that can cause major problems in parenting, work, and marriage. Dr. Deyoub stated that appellant’s IQ was 78 and that she needed a lot of direction and supervision. He noted that her prior admission that individual counseling, which he had strongly recommended, had been of no benefit, was | .^consistent with an antisocial personality. He stated that appellant’s failure to remedy the problems that led to termination of her parental rights to E.B. indicated that his diagnosis was still valid; in fact, he said, her failure to reunite with E.B. made it even less likely that she would be successful with M.C. Dr. Deyoub described the potential danger that appellant’s personality disorder posed to M.C.:

The potential harmful consequence to a child if they are raised by a caretaker who consistently or continuously engages in antisocial behavior is going to be lack of care. The danger of lack of physical care is a concern, and neglect, exposure to antisocial boyfriends, associates and friends. Antisocials associate with other character disorders. The more subtle problems are not spending enough time with the child, lack of nurturing, lack of interest in their school.

Ms. Meredith recommended that appellant’s parental rights to M.C. be terminated because the court had terminated her rights to E.B. She testified at length about appellant’s failure to keep DHS informed of her current address and place of employment, which made it difficult to visit her home. In November 2008, she said, appellant moved without telling DHS, and the apartment was vacant when she arrived for a visit. She said that the information appellant provided about her employment was so inconsistent that she was still not sure where appellant worked. Ms. Meredith testified that appellant had negative drug screens on November 12 and December 3, 2008; that appellant’s February 18, 2009 sample was cold to the touch; and that, on January 28, 2009, appellant said that she could not urinate, which DHS treated as a refusal. Ms.

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Related

Moore v. Arkansas Department of Health & Human Services
234 S.W.3d 883 (Court of Appeals of Arkansas, 2006)
Lee v. Arkansas Department of Human Services
285 S.W.3d 277 (Court of Appeals of Arkansas, 2008)
Linker-Flores v. Arkansas Department of Human Services
194 S.W.3d 739 (Supreme Court of Arkansas, 2004)

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Bluebook (online)
372 S.W.3d 366, 2009 Ark. App. 704, 2009 Ark. App. LEXIS 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flowers-v-arkansas-department-of-human-services-arkctapp-2009.