Gulley v. Arkansas Department of Human Services

2016 Ark. App. 367, 498 S.W.3d 754, 2016 Ark. App. LEXIS 398
CourtCourt of Appeals of Arkansas
DecidedAugust 31, 2016
DocketCV-16-237
StatusPublished
Cited by11 cases

This text of 2016 Ark. App. 367 (Gulley 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
Gulley v. Arkansas Department of Human Services, 2016 Ark. App. 367, 498 S.W.3d 754, 2016 Ark. App. LEXIS 398 (Ark. Ct. App. 2016).

Opinion

DAVID M. GLOVER, Judge .

| Che Pulaski County Circuit Court terminated Shanitra Gulley’s parental rights to her three children, Z.G. (born 8/3/2009), K.G. (born 3/17/2011), and J.P. (born 1/5/2006). Gulley appeals the termination, arguing that the circuit court erred in finding the Department of Human Services (DHS) proved the grounds alleged in the termination petition by clear and convincing evidence and the termination was in the best interest of the. children. We affirm the trial court’s decision.

DHS filed a petition for ex parte emergency custody' on July 21, 2014. In an affidavit attached to the petition, DHS family-service- worker Shanesha Arbor stated that on July 14, a protective-services case had been opened on Gulley based on medical neglect of J.P., who has sickle-cell anemia, due to missed medical appointments; that Gulley had left J.P. alone at Arkansas Children’s Hospital (Children’s) on July 13 and had gone to UAMS’s emergency | ¡¡.room, where she was ultimately hospitalized due to her own sickle-cell issues; that Gulley left no contact information with J.P. at Children’s; and that J.P. was admitted to Children’s due to her medical issues. Gulley had restricted her mother, who was J.P.’s only support, from coming to Children’s or calling to check on J.P. because she was angry with her mother. Medical records gathered by Arbor indicated J.P. had not been seen for-regular medical appointments at Children’s since November 2013, and J.P.’s prescription, which was to be refilled monthly, had not been filled since January 2014.

DHS reached Gulley at UAMS via telephone. Gulley did not know when she would be released from the hospital, and when asked who. could be available for J.P., Gulley was adamant her mother was not allowed to go to the hospital or be informed about J.P,’s health. When asked who was taking care of her other children, Gulley stated she had a babysitter. The following day, Arbor performed a safety check on Gulley’s other children and found them at home alone. Arbor called the Little Rock Police Department; an officer found little food in the refrigerator and a pallet on the floor for the children. While the police were walking through the house, two people arrived to check on the children and told the officer that “Sweet Pea” was supposed to be watching the children but had a doctor’s appointment; they did not know how long the children had been by themselves. Gulley claimed she did not know the children had been left alone; she also did not know Sweet Pea’s real name, although he had been staying at her house.

The ex parte order for DHS emergency custody was granted on July 21, 2014. A probable-cause order was filed on August 28, 2014, finding it was contrary to the welfare of |sthe children to be returned home and continuing custody of the children with DHS. The children were adjudicated’ dependent-neglected in an order filed October 8, 2014; Gulley stipulated to this finding. The trial court specifically found the two younger children were left alone with no supervision and also with Sweet Pea, an inappropriate caregiver, and Gulley had subjected J.P. to medical neglect by not following medical instructions and drug therapy for J.P.’s sickle-cell anemia.

In a permanency-planning order entered on January 21, 2015, the trial court continued custody of the children with DHS, with the goal of the case remaining as reunification. The trial court noted Gulley had four positive drug screens, had missed four visitations, and it remained to be seen how much progress was being made. A second permanency-planning order was entered on May 21, 2015; custody was again continued with DHS, with the goal of the case remaining reunification. In this order,, the trial court expressed its concern about Gulley’s questioning of the DHS caseworker as to why she was “in her business” when asked about various male guests in her home during drop-in visits. The trial court advised Gulley both it and DHS were going to be “in her business” to determine if her home was appropriate for the children, and Gulley’s attitude that she could do whatever she wanted when the children were not in her home was not the best approach to regaining custody. The trial court found Gulley had made an effort to comply with court orders but stated it remained to be seen whether she had made material progress toward the goal of reunification. The trial court ordered Gulley to attend J.P.’s medical appointments with her mother (all three children |4had been placed with their maternal grandmother by this time) to learn how to provide for J.P.’s needs.

A third permanency-planning order was filed on August 27, .2015; the trial court continued custody of the children with DHS and changed the goal of the case to termination of parental rights. The trial court was particularly concerned with the fact Gulley’s house was the target of a drive-by shooting by someone who mistakenly believed that a man who formerly lived there was still there; while the trial court stated it would normally consider Gulley as a victim, the history of the case persuaded it that Gulley’s lifestyle invited such incidents, which presented serious safety concerns. The trial court also referenced Gulley’s psychological evaluation, which found Gulley had a clear personality disorder, strong antisocial traits, and an “inadequate personality,” as well as poor insight; these issues raised serious concerns about returning the children to her care given the fact she lacked the capacity to understand how ineffective she was at managing herself and her children. The evaluation further found Gulley was a “highly inadequate” and unstable individual with erratic behavior issues who did not have stable housing, who had poor relationships with males and with her mother, and who had a chronic problem with marijuana as well. The trial court expressed concern that Gulley continued her habit of surrounding herself with “inadequate” individuals by allowing several people to move into her house rent free because she sympathized with their bad circumstances. The trial court found Gulley had not made material progress toward | ^reunification, and that Gulley was still living the “chaotic” lifestyle she had been living since the case had begun.

DHS filed a petition to terminate Gulley’s parental rights on October 6, 2015, alleging five grounds for termination—Arkansas Code Annotated section 9-27-341(b)(3)(B)(i)('o) (Repl.

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Bluebook (online)
2016 Ark. App. 367, 498 S.W.3d 754, 2016 Ark. App. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulley-v-arkansas-department-of-human-services-arkctapp-2016.