Hoffman v. Arkansas Department of Human Services & Minor Child

380 S.W.3d 454, 2010 Ark. App. 856, 2010 Ark. App. LEXIS 905
CourtCourt of Appeals of Arkansas
DecidedDecember 15, 2010
DocketNo. CA 10-826
StatusPublished
Cited by6 cases

This text of 380 S.W.3d 454 (Hoffman v. Arkansas Department of Human Services & Minor Child) 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
Hoffman v. Arkansas Department of Human Services & Minor Child, 380 S.W.3d 454, 2010 Ark. App. 856, 2010 Ark. App. LEXIS 905 (Ark. Ct. App. 2010).

Opinion

DAVID M. GLOVER, Judge.

| parley Hoffman appeals from a circuit-court order terminating his parental rights in K.H. (born November 28, 2007). Hoffman does not challenge the court’s finding that termination was in KH.’s best interest. Instead, he argues that the court erred in refusing to grant him additional time to achieve reunification with K.H. We affirm the termination order.

On February 4, 2009, the Springdale police arrested Hoffman and KH.’s mother, Tiffany Snodgrass, on numerous charges including possessing methamphetamine, endangering the welfare of a minor, and violating parole. The Arkansas Department of Human Services (DHS) sought emergency custody of K.H. based on a caseworker’s sworn statement that both parents tested positive for a variety of controlled substances; that Hoffman admitted to using drugs at least twice a week, including intravenous injections of methamphetamine; and that |aMs. Snod-grass admitted to the couple’s using drugs while K.H. was in the home. The circuit court granted emergency custody to DHS on February 9, 2009.

In the ensuing weeks, the court found probable cause for K.H.’s removal from the home and adjudicated the child dependent-neglected due to parental neglect and unfitness. The court noted that Hoffman was incarcerated and required him to obtain stable housing and employment; to refrain from using alcohol and illegal drugs; to complete parenting classes; and to meet other goals designed to achieve reunification. A review order entered on October 1, 2009, directed Hoffman to complete all available programs while in prison; to attend AA/NA meetings three times a week; to call the DHS caseworker once a week; and to undergo weekly drug screens upon his release from prison.

In a January 2010 permanency-planning order, the court changed the goal of the case to termination of parental rights based on both parents’ minimal progress and continued incarceration. Hoffman remained in prison until April 9, 2010, approximately three weeks before the termination hearing. By that point, K.H. had been in DHS custody for fourteen months.

At the termination hearing, Hoffman testified that he had not yet acquired a vehicle or a home of his own but was living with a friend who helped him with transportation. He said that he planned to get a car and stable housing and that he had obtained a job a few days before the hearing. He also testified that he had begun counseling and drug-treatment classes through his parole officer, though he had not attended any AA/NA meetings. During his | aimprisonment, Hoffman said, he took parenting classes, substance-abuse classes, and anger-management classes. He testified that he was through with his “drug life” and hoped to be stable enough to regain custody of K.H. within two months.

On cross-examination, Hoffman acknowledged that he had not contacted DHS or undergone weekly drug screens upon his release as ordered by the court. He also said that he had not provided DHS with documentation of the classes he took while in prison, but he stated that verification could be requested by the court. Hoffman testified further that he was subject to a twenty-seven-year suspended sentence following his release from prison and that he had served jail time on previous drug charges during the first nine months of KH.’s life. Hoffman agreed that it was possible he had only spent four months with K.H., due to his imprisonment.

Tiffany Snodgrass, K.H.’s mother, testified that it would not be in K.H.’s best interest to be placed with either her or Hoffman. She said that Hoffman had been to prison before and that, within two weeks after his release, he began using drugs again. She said that she did not believe Hoffman would change.

DHS family service worker Angela Wood testified that K.H. was doing well in DHS custody and was showing quite a bit of progress developmentally. She said that the child had been in a pre-adoptive foster home for about a year and that the family would like to adopt him. Wood also said that Hoffman did not inform her of his release from prison and that, ifRhe had contacted her, she would have made sure that he was in a support group and had various other forms of assistance.

At the close of the evidence, the court ruled from the bench that it would terminate Hoffman’s and Snodgrass’s parental rights. The court recalled that K.H. had been taken into custody based on the parents’ drug use and the “disgusting, dirty, [and] horrific” state of their home. Since that time, the court said, both parents had been incarcerated. With regard to Hoffman, the court found that he “talks a mean game” about getting his life together but that he had not called DHS or submitted to drug screens when he was released from prison. The court further noted that it would take much longer than two months for Hoffman to prove that he was stable, sober, and capable of taking care of K.H. And, the court expressed concern over the uncertainty posed by Hoffman’s twenty-seven-year suspended sentence in light of his inability to demonstrate a lengthy period of sobriety. The court’s termination order, entered on May 17, 2010, found that termination of parental rights was in KH.’s best interest; that DHS had an appropriate permanent-placement plan of adoption; and that at least one statutory ground for termination existed, pursuant to Ark.Code Ann. § 9-27-341(b)(3)(B)(i)(a) (Repl.2009). Hoffman filed a timely notice of appeal.1

An order terminating parental rights must be based on a finding by clear and convincing evidence that 1) termination is in the child’s best interest, considering the likelihood that the child will be adopted and the potential harm in returning the child to the |sparent, and 2) at least one statutory ground for termination exists. Ark.Code Ann. § 9-27-341(b)(3)(A) and (B) (Repl.2009). We review termination-of-parental-rights cases de novo. Smith v. Ark. Dep’t of Human Servs., 2010 Ark. App. 747, 379 S.W.3d 663. We will not reverse the trial court’s findings of fact unless the findings are clearly erroneous. Id. In our review, we give due regard to the opportunity of the trial judge to assess the credibility of the witnesses, and we give great weight to the trial judge’s personal observations. Id.

Hoffman argues on appeal that the circuit court should have granted him additional time before terminating his parental rights. He concedes that the court could not have returned K.H. to him on the date of the termination hearing, but he points to the classes he took while in prison and his efforts to obtain housing, employment, and stability since his release as evidence of his commitment to improving his circumstances. We conclude that, despite Hoffman’s laudable efforts, the circuit court did not clearly err in denying his request for additional time.

The intent of our termination statute is to provide permanency in a child’s life in all instances in which returning the child to the family home is contrary to the child’s health, safety, or welfare, and it appears from the evidence that a return to the family home cannot be accomplished in a reasonable period of time as viewed from the child’s perspective. See Ark.Code Ann. § 9-27-341(a)(3) (Repl.2009). Our court has frequently recognized that a child’s need for permanency and stability may override a parent’s request for additional time to improve the parent’s circumstances. See Johnson v. Ark.

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Bluebook (online)
380 S.W.3d 454, 2010 Ark. App. 856, 2010 Ark. App. LEXIS 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffman-v-arkansas-department-of-human-services-minor-child-arkctapp-2010.