Hdh v. Prentiss Co. Dhs Ex Rel. Malone

979 So. 2d 6
CourtCourt of Appeals of Mississippi
DecidedApril 1, 2008
Docket2007-CA-00706-COA
StatusPublished

This text of 979 So. 2d 6 (Hdh v. Prentiss Co. Dhs Ex Rel. Malone) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hdh v. Prentiss Co. Dhs Ex Rel. Malone, 979 So. 2d 6 (Mich. Ct. App. 2008).

Opinion

979 So.2d 6 (2008)

H.D.H., Appellant
v.
PRENTISS COUNTY DEPARTMENT OF HUMAN SERVICES, by Tracy MALONE, Social Services Regional Director, B.E.H., G.H.H. and M.E.H., Minors, by and through their next friend, Tracy Malone, Appellees.

No. 2007-CA-00706-COA.

Court of Appeals of Mississippi.

April 1, 2008.

Daniel Keith Tucker, Booneville, attorney for appellant.

Office of the Attorney General by Cynthia Tomlinson Eubank, attorney for appellees.

Before MYERS, P.J., GRIFFIS and ROBERTS, JJ.

MYERS, P.J., for the Court.

¶ 1. H.D.H.[1], the appellant, along with the natural mother, T.H., had their parental rights permanently terminated on March 30, 2007. The Prentiss County Department of Human Services (DHS) filed the petition to terminate parental rights on April 7, 2006, and the Chancery Court of Prentiss County terminated the rights after a hearing held on March 1, 2007. H.D.H. now appeals this ruling asking for review of two issues. For purposes of *8 judicial economy we will combine these two issues in our discussion. H.D.H. contends the chancery court erred in terminating his parental rights by determining that DHS had proven its case by clear and convincing evidence. H.D.H. argues that the chancery court erred in determining that since he pleaded guilty to felony child abuse, this factor weighed against him under Mississippi Code Annotated section 93-15-103(g) (Rev.2004).

FACTS AND PROCEDURAL HISTORY

¶ 2. H.D.H. and his ex-wife, T.H., have three children born of their former marriage. There are two boys, B.E.H., age 12; G.H.H., age 6; and a girl, M.E.H., age 7. B.E.H. was originally brought to DHS on November 21, 2002, for allegations of physical abuse while in the custody of his parents. Subsequently, M.E.H. and G.H.H. were brought to DHS on October 2, 2003, as a result of allegations of neglect and sexual abuse while in the custody of their parents.

¶ 3. All three children were placed in and out of temporary group homes for several years until H.D.H. was allowed to have custody of the three children in a trial placement on May 18, 2005. One requirement for the trial placement was that H.D.H. had to notify DHS if he was to move from his current address. H.D.H. moved and failed to notify DHS. When DHS finally located H.D.H. for an unannounced home visit, he refused to answer the door until law enforcement arrived to assist DHS. DHS subsequently removed the children from H.D.H.'s home less than one month later on June 6, 2005, due to the deplorable conditions existing in the home and due to the fact H.D.H. moved without notifying DHS. At the time of the hearing, which sought termination of the parental rights, all three children had been placed together in a foster adoption home.

¶ 4. On June 8, 2005, the Prentiss County Youth Court determined all three children to be abused children. The youth court further ordered that the case be referred to DHS to determine whether termination of parental rights was an appropriate step. As a result of the ongoing problems and allegations of neglect and abuse, DHS filed a petition to terminate H.D.H. and T.H's parental rights. At the time of the hearing, B.E.H. had been in foster care for almost five years, and M.E.H. and G.H.H. had been in foster care for four years. The hearing was held on March 1, 2007, and the judgment terminating H.D.H.'s parental rights was entered by the chancery court on April 3, 2007.

STANDARD OF REVIEW

¶ 5. It is well established that "[t]he chancellor's findings of fact concerning the termination of parental rights are viewed under the manifest error/substantial credible evidence standard of review." W.A.S. v. A.L.G., 949 So.2d 31, 34(¶ 7) (Miss.2007) (citing K.D.F. v. J.L.H., 933 So.2d 971, 975(¶ 14) (Miss.2006)). Thus, an appellate court will overturn a chancellor's finding only if that finding is not supported by clear and convincing evidence. Id.

DISCUSSION

¶ 6. H.D.H. asserts that the chancellor erred in terminating his parental rights. First, H.D.H. argues that there was no evidence in the record supporting the chancellor's determination that all three children had been victims of a series of abusive incidents. H.D.H. further asserts there was only a determination of one incident of abuse by the youth court. Additionally, H.D.H. argues that no one was ever charged for the sexual abuse of *9 the children; thus, he could not be held responsible for these incidents.

¶ 7. H.D.H. entered into three service agreements with DHS. Service agreements are arrangements between DHS and the parents that seek to implement a plan to return the children safely to their parents' home. H.D.H. argues that the three service agreements in question only pertained to B.E.H. and not to either of the other children. Therefore, H.D.H. argues that DHS did not make diligent efforts to enact and monitor a service agreement with regard to either of the other children, M.E.H. and G.H.H. In addition, H.D.H. notes that the last service agreement that was introduced was dated June 18, 2003. H.D.H. asserts that the date of the last service agreement demonstrated a lack of diligence on the part of DHS, as no new service agreements were made after June 18, 2003.

¶ 8. H.D.H. next contends that there is no evidence in the record supporting the chancellor's determination that he exhibited ongoing behavior which would make it impossible to return the children to him. H.D.H. acknowledges that the children were adjudicated to be abused children. H.D.H. argues that the chancery court has never determined, at any time prior to the termination hearing, that reunification was not in the best interest of the children.

¶ 9. Finally, H.D.H. argues that DHS did not exhibit due diligence with regard to creating a service agreement to help him regain custody of his children after the trial placement which occurred from May 18, 2005, until June 6, 2005. H.D.H. argues that DHS appeared to be apathetic toward him in his children's custody situation. H.D.H. claims that he made many attempts to contact his children, which were rebuffed by DHS, further demonstrating their lack of due diligence in helping him reconnect with his children. H.D.H. also asserts on appeal that he was not the biological father of the child, B.E.H., whom he pleaded guilty to abusing.

¶ 10. DHS argues that the testimony of Tonya McAnally, a social worker at DHS, established that there were allegations of sexual abuse of the children when they were removed from the home. McAnally testified that H.D.H. and T.H. were still together with the children at the time of the allegations. McAnally testified that there were medical exams showing that the children were abused during the time they were under the supervision of H.D.H. and T.H. DHS further argues that both H.D.H. and T.H. left the state during the sexual abuse investigation. DHS also argues that while H.D.H. only admitted guilt to the child abuse of B.E.H., this admission alone constituted grounds for termination of parental rights for all three children under Mississippi Code Annotated section 93-15-103(c).

¶ 11. Next, DHS argues that it made diligent efforts to put an effective service agreement in place with regard to all three children, not just B.E.H. DHS argues first that B.E.H. had been in its care since November 21, 2002, and M.E.H. and G.H.H. had been in its care since October 2, 2003, well over a three-year period of time. DHS argues that considerable and diligent effort was expended to form a service agreement with H.D.H. in regard to all three children.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carson v. Natchez Children's Home
580 So. 2d 1248 (Mississippi Supreme Court, 1991)
K.D.F. v. J.L.H.
933 So. 2d 971 (Mississippi Supreme Court, 2006)
W.A.S. v. A.L.G.
949 So. 2d 31 (Mississippi Supreme Court, 2007)
H.D.H. v. Prentiss County Department of Human Services ex rel. Malone
979 So. 2d 6 (Court of Appeals of Mississippi, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
979 So. 2d 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hdh-v-prentiss-co-dhs-ex-rel-malone-missctapp-2008.