Harwell-Williams v. Arkansas Department of Human Services

243 S.W.3d 898, 368 Ark. 183, 2006 Ark. LEXIS 622
CourtSupreme Court of Arkansas
DecidedNovember 30, 2006
Docket05-960
StatusPublished
Cited by10 cases

This text of 243 S.W.3d 898 (Harwell-Williams v. Arkansas Department of Human Services) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harwell-Williams v. Arkansas Department of Human Services, 243 S.W.3d 898, 368 Ark. 183, 2006 Ark. LEXIS 622 (Ark. 2006).

Opinions

Betty C. Dickey, Justice.

Rose Harwell-Williams appeals the order of the Juvenile Division of Van Burén County Circuit Court, resulting from a Permanency Planning hearing and an adjudication on a Dependency/Neglect petition filed against her by the Arkansas Department of Human Services (DHS).1 Appellant alleges that the trial court erred in finding the children dependent-neglected, and the correct procedure was not followed. We find no error and affirm.

In January 2004, DHS was ordered to open a protective-services case on Appellant’s family after a juvenile officer filed a FINS, “Family In Need of Services,” petition, alleging that C.H. had stolen a bike, and that, due to a lack of supervision and past history, the family was in need of services. After Appellant failed to comply with court orders, both her children, C.H. and S.H., were removed and placed in DHS custody in April 2004. On April 15, 2005, the Juvenile Division of the Van Burén County Circuit Court noted in its order that DHS requested a change in goals from reunification to termination of parental rights and would be filing a petition for dependency-neglect. The court scheduled a Permanency Planning hearing and an Adjudication on the anticipated Dependency-Neglect petition for May 11, 2005. DHS filed the petition on April 27, 2005. On May 18, 2005, after the hearing and adjudication, the court filed an order titled “Adjudication of Dependency-Neglect Permanency Planning Order.” The order stated the goals regarding C.H. and S.H. would be that the parental rights of C.H. be terminated, with the goal of adoption, and that S.H.’s father would be granted permanent custody. While the order closed S.H.’s portion of the case, it specifically stated that the cause would be continued as to C.H. with a termination of parental rights hearing scheduled on August 10, 2005. On June 10, 2005, Appellant filed a notice of appeal from the court’s May 18, 2005 order. On December 13, 2005, the court entered a final order terminating Appellant’s parental rights as to C.H. and granting DHS the power to consent to adoption. The record does not reflect an appeal from the court’s final order terminating Appellant’s parental rights to C.H.

The case was certified to this court pursuant to Ark. Sup. Ct. R. 1-2(b)(1) and (b)(6), involving an issue of first impression and requiring the construction of an act of the General Assembly. We are asked to determine whether the trial court had jurisdiction to hold an additional hearing subsequent to the filing of a notice of appeal and the lodging of a trial transcript.

The order from which Appellant filed a notice of appeal was the Adjudication of Dependency-Neglect Permanency Planning Order. The language of that order was final only as to S.H. The order instructed that the goal of her case would be to grant permanent custody to her father. The order read, “The Court hereby places permanent custody of [S.H.] with her father and hereby closes her portion of this case.” Rule 2(d) of the Arkansas Civil Rules of Appellate Procedure instructs that final orders awarding custody are final and appealable.

Rule 2(c)(3) of the Arkansas Civil Rules of Appellate Procedure provides that the following are final appealable orders in juvenile cases where an out-of-home placement has been ordered: (1) adjudication and disposition hearings; (2) review and permanency planning hearings if the court directs entry of a final judgment as to one or more of the issues or parties and upon express determination supported by factual findings that there is no just reason for delay of an appeal, in accordance with Ark. R. Civ. P. Rule 54(b); (3) termination of parental rights. While the court made a final adjudication with respect to C.H. on the petition for dependency-neglect, the order was not final as to permanency planning for the child. The order stated that the goal of the case for C.H. would be termination of parental rights with a goal of adoption, but that the court would retain jurisdiction and the cause would be continued with a later hearing regarding termination of parental rights.

Although Appellant filed a notice of appeal from the May 18, 2005, order, the juvenile division of the circuit court retained jurisdiction to conduct further hearings because the case involved a juvenile out-of-home placement. Arkansas Code Annotated § 9-27-343(c) (Supp. 2005) specifically states that “[p]ending an appeal from any case involving a juvenile out-of-home placement, the juvenile division of the circuit court retains jurisdiction to conduct further hearings.” Therefore, the trial court had jurisdiction to proceed with the final hearing on Appellant’s termination of parental rights as to C.H. The final order of judgment as to C.H. was entered on December 13, 2005.

Appellant first argues that the petition for dependency-neglect filed on April 27, 2005, was untimely, as the children had been out of the home for one year. Arkansas Code Annotated § 9-27-303 (Supp. 2005) defines a “dependent-neglected juvenile” as any juvenile who is at substantial risk of serious harm as a result of numerous possible factors. (Emphasis added.) Appellant argues that because she did not have custody of the children at the time DHS sought to terminate her parental rights her children could not have been at risk of serious harm.

This case began as a FINS case, but the children were later ordered into the care of DHS due to Appellant’s continued drug use and due to her inability to care for her children, to the extent that they would have been in danger of severe maltreatment if left in her care. DHS filed the dependency-neglect petition because Appellant had failed to remedy the situation and had failed to cooperate with the case plan and court orders. The court specifically found that Appellant did not maintain contact with DHS, submit to drug screens, attend parenting classes, visit her children, complete the drug treatment programs, or maintain contact with her children.

Were we to agree with Appellant’s argument, it would be tantamount to holding that a neglectful parent would be shielded from future petitions for dependency-neglect once his or her child was placed in DHS’s custody as a result of a FINS case. To hold that a court must find that a child is at substantial risk of serious harm on the day of the adjudication would mandate that no child could be found dependent/neglected after being placed into DHS custody. This court will not interpret a statute to yield an absurd result that defies common sense. Nat’l Home Ctrs., Inc. v. First Ark. Valley Bank, 366 Ark. 522, 237 S.W.3d 60 (2006).

For her second point on appeal, Appellant alleges that the trial court and DHS did not follow the correct procedure by (1) holding the adjudication hearing one year after the children were removed from Ms. Harwell-Williams’s home; (2) holding the permanency planning hearing and adjudication hearing simultaneously; and (3) failing to hold any of the requisite hearings in order to properly “fast track” the termination of Ms. HarwellWilliams’s parental rights. Only one of these three sub-points raised by Appellant was presented to the trial court. After a hearing on May 11, 2005, the court issued the order that Harwell-Williams is appealing.

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Harwell-Williams v. Arkansas Department of Human Services
243 S.W.3d 898 (Supreme Court of Arkansas, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
243 S.W.3d 898, 368 Ark. 183, 2006 Ark. LEXIS 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harwell-williams-v-arkansas-department-of-human-services-ark-2006.