Garner v. Arkansas Department of Human Services

2017 Ark. App. 563, 531 S.W.3d 452, 2017 Ark. App. LEXIS 636
CourtCourt of Appeals of Arkansas
DecidedOctober 25, 2017
DocketCV-17-524
StatusPublished

This text of 2017 Ark. App. 563 (Garner 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
Garner v. Arkansas Department of Human Services, 2017 Ark. App. 563, 531 S.W.3d 452, 2017 Ark. App. LEXIS 636 (Ark. Ct. App. 2017).

Opinion

MIKE MURPHY, Judge

11 Appellant Ashley Garner (Conrad) 1 appeals the March 22, 2017 order of the Garland County Circuit Court terminating her parental rights to her minor child, C.L. She argues that the circuit court erred in granting the termination-Of-parental-rights petition because appellee Arkansas Department of Human Services (DHS) failed to present sufficient evidence of the grounds for termination and 'that termination was in C.L.’s best interest. 2 We affirm.

|2On January 21, 2016, DHS filed a petition for emergency custody and dependency-neglect, alleging that Garner’s only child., C.L. (DOB 08/23/2012), was dependent-neglected as a result of “neglect and parental unfitness, specifically parental drug use, refusing access to the child, inadequate shelter and medical neglect.” The affidavit attached to the petition alleged that on January 17, 2016, police responded to a call about Garner, who allegedly had been distributing methamphetamiries with her child present. The affidavit also noted Garner’s history with DHS; she had previously maltreated C.L., which resulted in a dependency-neglect case that opened in April 2014 and closed in September 2015. An emergency order was entered on January 21,2016.

On March 23, 2016, the circuit court adjudicated C.L. dependent-neglected based on clear and convincing evidence thdí C.L, was subjected to inadequate supervision due to Garner’s illegal drug use and environmental neglect. Garner was ordered to comply with the case plan; view “The Clock is Ticking” video; cooperate and maintain contact with DHS; demonstrate improved parenting; submit to random drug screens; remain clean and sober; complete parenting classes; participate in individual counseling; obtain and maintain stable employment and housing; submit to a psychological evaluation and a drug-and-alcohol assessment and follow all recommendations;' and attend AA/NA meetings a minimum of three times a week and provide proof of attendance to DHS.'

A review hearing was held on July' 6, 2016. The order provided that returning custody of C.L. to Garner remained contrary to the child’s welfare; DHS had made reasonable efforts to provide family services; Garner had minimally complied with the case plan; and visitation should remain supervised.

I ¡After two continuances at Garner’s request, the court conducted a permanency-planning hearing on January 11, 2017. The order provided that despite DHS’s efforts, Garner had only partially complied with her case plan and had not. corrected her drug addiction. The order noted that Garner had not remained clean and sober; had not submitted to counseling; had not followed all the recommendations based on her drug-and-alcohol assessment or psychological evaluation; and she had not submitted to inpatient-drug treatment. The court found that “the mother’s .unwillingness to go to treatment demonstrates that she places her own self and desires ahead of her daughter’s.”

On February 8, 2017, DHS filed a petition for termination of Garner’s parental rights to C.L. After the termination hearing, the circuit court entered its order on March 22, 2017, terminating Garner’s parental rights. At ,the hearing, testimony revealed that while Garner. did maintain stable housing and employment and attend all the hearings and weekly visitation almost regularly, she did not remain clean and sober; provide proof of attending AA or NA as instructed; attend an inpatient-treatment program; complete the hands-on parenting-instruction course; submit to individual counseling; or provide proof that .she had watched “The Clock is Ticking” video. Throughout the case, Garner did stay in regular contact with her caseworker and did submit to a psychological evaluation, but she did not follow through with the recommendations.

Testimony further established that Garner had not sufficiently addressed her substance-abuse issue. She* was drug free approximately four months, but the psychological evaluation recommended that she have six months of sobriety and six months of stability on psychiatric medication.

14The court found that DHS had proved by clear and convincing evidence that termination was in C.L.’s best interest and was supported by the failure-to-remedy and subsequent-factors grounds.. At the close of the hearing, the court orally found,

'The last four months [Ashley] has been drug free and I applaud [her] on that. However, I disagree that she’s dealing with her drug problem.... The disease is not being treated and that is a real concern that I have.... [C.L.] can’t afford’ another relapse, not Ashley can’t ‘affdrd another relapse..... Ashley has had plenty of time—two different proceedings, two different cases—to prove to this court that she is going to be stable for this child’s life and take care of her properly and it just hasn’t happened.

This timely appeal followed.

We review termination-of-parental-rights cases de novo. Lively v. Ark. Dep’t of Human Servs., 2015 Ark. App. 131, at 4-5, 456 S.W.3d 383, 386. It is DHS’s burden to prove- by clear and convincing evidence that it is in a child’s best interest- to terminate parental rights as well as the existence of at least one statutory ground for termination. Id. On appeal, the inquiry is whether the circuit court’s finding that the disputed fact was proved by clear and convincing evidence is clearly erroneous. Id. A finding is clearly erroneous when, although there is evidence to support it, the appellate court, on the entire evidence, is left with a definite and firm conviction that a mistake has been made. Id. We give a-high degree of deference to the circuit court, as it is in a far superior position to observe the parties before it and judge the credibility of the witnesses. Id. ■ '

The termination-of-parental-rights analysis is twofold; it requires the circuit court to find that the parent is unfit and that termination is in the best interest of the child. The first step requires proof of one or more of the nine enumerated statutory grounds for termination. Ark. Code Ann. § 9-27-341(b)(3)(B) (Repl. 2015). The best-interest determination must | ^consider the likelihood that the children will be adopted and the potential harm caused by returning custody of the children to the parent. Ark. Code Ann. § 9-27-341(b)(3)(A). The court, however, does not have to determine that every factor considered be established by clear and convincing evidence. Spencer v. Ark. Dep’t of Human Servs., 2013 Ark. App. 96, at 5-6, 426 S.W.3d 494, 498. Instead, after considering all the factors, the evidence must be clear and convincing that the termination is in the best interest of the child. Id.

On appeal, Garner first argues that the circuit court’s best-interest finding must be reversed. In determining the best interest of the child, the circuit court should consider factors such as the likelihood of adoption and the potential harm to the health and safety of a child if subjected to continuing contact with the parent. Ark. Code Ann. § 9-27-341(b)(3)(A)(i), (ii). Parental rights will not be enforced to the detriment of the health and’ well-being of the child. Christian-Holderfield v. Ark. Dep’t of Human Servs., 2011 Ark.

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Jung v. Arkansas Department of Human Services
2014 Ark. App. 523 (Court of Appeals of Arkansas, 2014)
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2014 Ark. App. 541 (Court of Appeals of Arkansas, 2014)
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2015 Ark. App. 131 (Court of Appeals of Arkansas, 2015)
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McNeer v. Ark Dep't of Human Servs.
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Spencer v. Arkansas Department of Human Services
426 S.W.3d 494 (Court of Appeals of Arkansas, 2013)

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Bluebook (online)
2017 Ark. App. 563, 531 S.W.3d 452, 2017 Ark. App. LEXIS 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garner-v-arkansas-department-of-human-services-arkctapp-2017.