Grant v. Arkansas Department of Human Services

378 S.W.3d 227, 2010 Ark. App. 636, 2010 Ark. App. LEXIS 683
CourtCourt of Appeals of Arkansas
DecidedSeptember 29, 2010
DocketNo. CA 10-303
StatusPublished
Cited by46 cases

This text of 378 S.W.3d 227 (Grant 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
Grant v. Arkansas Department of Human Services, 378 S.W.3d 227, 2010 Ark. App. 636, 2010 Ark. App. LEXIS 683 (Ark. Ct. App. 2010).

Opinion

JOHN MAUZY PITTMAN, Judge.

hO’nyssa Grant appeals from a December 22, 2009, order of the Lonoke County Circuit Court terminating her parental rights to her son C.N., born July 22, 2005. On appeal, she argues that there is insufficient evidence to support the circuit court’s findings that grounds for termination existed and that termination of her rights was in C.N.’s best interests. We hold that the trial court erred in finding that termination of appellant’s parental rights was in the child’s best interest, and we therefore reverse and remand.

We review termination of parental rights cases de novo. Yarborough v. Arkansas Department of Human Services, 96 Ark. App. 247, 240 S.W.3d 626 (2006). The grounds for termination of parental rights must be proven by clear and convincing evidence. Id. When the burden of proving a disputed fact is by clear and convincing evidence, the question on |¡>appeal is whether the circuit court’s finding that the disputed fact was proven by clear and convincing evidence is clearly erroneous, giving due regard to the opportunity of the circuit court to judge the credibility of the witnesses. Id. 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. Id. A heavy burden is placed on the party seeking termination. Jones v. Arkansas Department of Human Services, 361 Ark. 164, 205 S.W.3d 778 (2005). This is because termination of parental rights is an extreme remedy in derogation of the natural rights of the parents. Id. Nevertheless, parental rights will not be enforced to the detriment or destruction of the health and well-being of the child. Id. Thus, parental rights must give way to the best interest of the child when the natural parents seriously fail to provide reasonable care for their minor children. Id.

The initial removal in this case was prompted by an incident that occurred on June 9, 2007, when the Arkansas Department of Human Services received a report that Grant was at the Cabot Police Station with C.N. and that she was threatening to harm herself. The police and DHS workers tried unsuccessfully for over three hours to obtain information from Grant. A DHS worker noted in her affidavit that Grant appeared unstable and, as a result, exercised a seventy-two-hour hold on C.N. The circuit court entered an order for emergency custody on June 12, 2007. The court later found probable cause for entry of the emergency order. In the probable-cause order, the court ordered a home study of relatives in Texas for possible placement of C.N.

LAfter an adjudication hearing held on August 6, 2007, the circuit court found that C.N. was dependent-neglected because Grant was mentally unstable and unable to properly care for her son. The court allowed DHS to place C.N. with April Daugherty, a maternal aunt in Texas, in part because Grant had also moved to Texas. Among other things, Grant was ordered to comply with the orders of the court; cooperate with DHS, both in Arkansas and in Texas; obtain and maintain stable housing; obtain and maintain stable employment; take her medications as prescribed; complete parenting classes; complete counseling; participate in mental-health services as recommended; maintain contact with the case workers; and complete a psychological evaluation and follow all recommendations. Grant was also ordered to pay child support of $25 per week beginning August 10, 2007.

By the time of the February 4, 2008, review hearing, Grant had been hospitalized in the Texas State Hospital and had relocated to El Dorado. The court continued custody of C.N. with the relative in Texas. The court found that Grant had not submitted to a psychological evaluation, and that there was a period when Grant did not attend parenting classes or counseling. She was allowed supervised visitation with C.N., and the goal of the case remained reunification, with a concurrent goal of relative custody, guardianship, or adoption.

Another review hearing was held on April 6, 2008. The court continued custody of C.N. in DHS. However, the court noted that the relative in Texas could no longer maintain |4C.N. in her home, despite the fact that he was doing well. The goal of the case remained reunification, with a concurrent goal of relative custody, guardianship, or adoption.

A permanency-planning hearing was held in conjunction with a review hearing on June 2, 2008. In the resulting order, the court noted that C.N. had been returned to DHS’s custody on May 30, 2008, by April Daugherty, the relative in Texas. The court noted that C.N. could not be returned to Grant, but continued the goal as reunification because Grant had relocated to Arkansas in January 2008 and had been complying with the case plan. There was testimony noted in the court’s order that Grant had improved but that there was no indication as to when she would be capable of caring for C.N. Grant was ordered to comply with the orders of the court; cooperate with DHS; obtain and maintain stable housing; obtain and maintain stable employment; take her medications as prescribed; complete parenting classes; complete counseling; participate in mental-health services as recommended; maintain contact with the case workers; and complete a psychological evaluation and follow all recommendations. The court also warned Grant that she needed to demonstrate greater improvement and ability to care for C.N. or the court would have no choice but to change the goal to adoption.

A fifteen-month permanency-planning order was entered on September 5, 2008. The court found that Grant had been complying with the case plan and had been making measurable progress but that she had not yet progressed to the point where she could be reunified with C.N. The court was not convinced that enough progress could be made in |5a reasonable time to achieve reunification, and therefore found that there was little likelihood that continued reunification services to the family would result in successful reunification. The goal of the case was changed to adoption.

An order terminating the parental rights of Macio Nickleberry, C.N.’s putative father, was entered on January 13, 2009, following a November 24, 2008, hearing. However, the circuit court declined to terminate Grant’s parental rights at that time because she had shown significant, measurable progress, finding that, despite some relapses, her medication was stable and her mental condition appeared to be under control and improving. The court ordered DHS to provide further reunification services to Grant and set a seven-month “drop dead” date, after which termination would be ordered if reunification could not be achieved.

Another review hearing was held on May 4, 2009. C.N. remained in the custody of DHS, and Grant was allowed supervised visitation. The goal of the case was changed to termination of Grant’s parental rights despite the court’s finding that, except for her mental stability, Grant was in substantial compliance with the case plan. The court further found that Grant had long-term, serious mental illness and that, despite taking medications and following recommendations, she was still subject to episodic conditions.

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Cite This Page — Counsel Stack

Bluebook (online)
378 S.W.3d 227, 2010 Ark. App. 636, 2010 Ark. App. LEXIS 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-v-arkansas-department-of-human-services-arkctapp-2010.