Fredrick v. Arkansas Department of Human Services

377 S.W.3d 306, 2010 Ark. App. 104, 2010 Ark. App. LEXIS 102
CourtCourt of Appeals of Arkansas
DecidedFebruary 3, 2010
DocketNo. CA 09-507
StatusPublished
Cited by15 cases

This text of 377 S.W.3d 306 (Fredrick 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
Fredrick v. Arkansas Department of Human Services, 377 S.W.3d 306, 2010 Ark. App. 104, 2010 Ark. App. LEXIS 102 (Ark. Ct. App. 2010).

Opinion

RITA W. GRUBER, Judge.

|TOn February 12, 2009, the circuit court terminated appellant Kimberly Fredrick’s parental rights to A.F. (born October 24, 2001); C.F. (born January 15, 2004); and K.F. (born July 3, 2006). Appellant’s attorney originally filed a no-merit brief pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and Arkansas Supreme Court Rule 6 — 9(i), stating that there were no issues of arguable merit for appeal. Our court ordered re-briefing in the merit format, and we directed counsel to pay particular attention to the circuit court’s reasons for termination and to the question of whether DHS offered appellant appropriate family services. Fredrick v. Ark. Dep’t of Human Servs., 2009 Ark. App. 652, 2009 WL 3208740. We noted that our re-briefing order did not foreclose appellees from arguing a procedural bar to any assignment of error.

Counsel has now filed a merit brief and argues that 1) the circuit court erred in finding 12that appellant failed to make significant, measurable progress toward meeting the case goals and failed to demonstrate a diligent effort in working toward reunification; 2) the circuit court erred in finding that other factors or issues arose subsequent to the filing of the original dependency-neglect petition that demonstrated returning the children to appellant was contrary to the children’s best interest; and 3) DHS made no reasonable efforts to reunify appellant with her children. We affirm the termination.-order.

According to an affidavit prepared by the Arkansas Department of Human Services (“DHS”), appellant left Hot Springs for Chicago on June 26, 2007, due to a family emergency. Later testimony indicated that appellant made the trip to obtain a job with a carnival. In either case, appellant left her children, ages five, three, and eleven months, with neighbors. While in Chicago, she was arrested and incarcerated for a probation violation. As appellant awaited extradition to Louisiana, Thomas Pitner, her former roommate, returned to Hot Springs to assist the neighbors in caring for the children. The neighbors subsequently reported to DHS that one of the children had a severe head-lice infestation and that Pitner struck and injured another child. On July 18, 2007, DHS placed a seventy-two-hour hold on the children based on child abuse, environmental neglect, and lack of an appropriate caregiver.

Thereafter, the Garland County Circuit Court granted emergency custody of the children to DHS and found probable cause for their removal. On August 30, 2007, the court adjudicated the children dependent-neglected. The adjudication order established a goal of | .^reunification and directed appellant to follow court orders and the DHS ease plan; to maintain a clean, safe, and healthy living environment; to submit to random drug testing; to remain clean and sober; to attend all court hearings; to obtain and maintain stable housing and employment; to complete parenting classes; and to inflict no corporal punishment.

At the first review hearing on September 12, 2007, the court found that DHS had made reasonable efforts to provide reunification services and that appellant had not complied with the case plan and court orders. The court reiterated its directions: to appellant and maintained the goal of reunification. In the next review order, dated January 31, 2008, the court continued the goal of reunification and again found that DHS had made reasonable efforts to provide reunification services. The court also found that appellant had not complied with the case plan and court orders; that appellant had abandoned the children; and that there was little likelihood that reunification services could be provided in light of appellant’s incarceration.

On February 27, 2008 — by which point the children had been in DHS custody for approximately seven months — DHS filed a petition to terminate appellant’s parental rights. However, DHS withdrew the petition after appellant communicated her intention to comply with the case plan and court orders. On July 17, 2008, the court entered a permanency-planning order, finding that appellant had partially complied with the DHS case plan and court orders but that she remained incarcerated. The court continued the goal of reunification and found that DHS had made reasonable efforts to finalize a permanency plan.

|4On October 23, 2008, the circuit court entered a fifteen-month permanency-planning order that changed the goal of the case to termination of parental rights. The court stated that the children needed permanency; that appellant had not complied with the case plan or court orders (although she had attempted to take parenting classes); that appellant was not a fit mother; that appellant had not made significant measurable progress toward achieving the case-plan goals or worked diligently toward reunification; that appellant had been incarcerated since the case began; that C.F. had recurring head lice for six months between January 2007 and June 2007; that appellant left the children with an individual who abused them; that appellant had not used car seats; and that DHS made reasonable efforts to provide reunification services. Based on the court’s order, DHS re-filed a petition to terminate appellant’s parental rights.

At the termination hearing, DHS witness Tracey Durhan testified that appellant went to Illinois to work at a carnival and was arrested when a background check showed a probation violation from the state of Louisiana. Durhan said that she received the hotline call in July 2007 regarding appellant’s children, and neighbors told her that the children had been “running around after dark out in the park.” Durhan observed that the youngest child, one-year-old K.F., was being watched by a neighbor’s ten-year-old mentally challenged daughter. Durhan said that DHS investigated two of the neighbors and deemed them inappropriate caregivers.

C.F.’s foster parent and therapists testified that OF. was virtually a wild animal when |flshe was taken into DHS custody. They said that she was prone to rages and sexually acting out, made no eye contact, and had no verbalization. According to case manager Tiara Lamb, C.F. had been physically, sexually, and emotionally abused. However, Lamb could not identify the source of the abuse. Lamb also testified that C.F. told her that she wanted to stay with her current foster family, who wished to adopt her. K.F. was also placed with the same foster family, and she was deemed likely to be adopted. Lamb stated that a change in C.F.’s family life at this point would be detrimental to her and that the child reacted very badly to changes and new people. Therapist Heather Ramsay testified that she diagnosed C.F. with reactive attachment disorder as the result of the child’s emotional needs being continually unmet. Ramsay testified further that C.F. identified her foster parents as her family; that reintroducing the mother would create a lot of questions and anxiety; and that C.F. “needs to stay where she is.”

A.F.’s therapist, Catheryn Luna, testified that, when she first began seeing A.F. at age five, he would point and grunt rather than speak. She said the child needed stability and that it was in his best interest to stay with his aunt and uncle, who apparently wished to adopt him.

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Cite This Page — Counsel Stack

Bluebook (online)
377 S.W.3d 306, 2010 Ark. App. 104, 2010 Ark. App. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fredrick-v-arkansas-department-of-human-services-arkctapp-2010.