Holloway v. Arkansas Department of Human Services

2017 Ark. App. 268, 520 S.W.3d 724, 2017 Ark. App. LEXIS 291
CourtCourt of Appeals of Arkansas
DecidedMay 3, 2017
DocketCV-17-31
StatusPublished
Cited by2 cases

This text of 2017 Ark. App. 268 (Holloway 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
Holloway v. Arkansas Department of Human Services, 2017 Ark. App. 268, 520 S.W.3d 724, 2017 Ark. App. LEXIS 291 (Ark. Ct. App. 2017).

Opinion

RAYMOND R. ABRAMSON, Judge

11 Robin Holloway and Christopher Britt appeal the Greene County Circuit Court order terminating their parental rights to their five children, L.B. (6/17/03), R.B. (4/15/05), M.B. (9/17/06), C.B. (10/3/07), and Z.B. (12/13/08). They argue that the circuit court erred in finding that it was in .the best interest, of the children for their parental rights to be terminated. We affirm.

On April 23, 2014, the Arkansas Department of Human Services (“DHS”) filed a petition for an ex parte order of emergency protection of L.B., R.B., M.B., C.B., and Z.B. In the affidavit attached to the petition, DHS stated that it had received multiple hotline reports concerning Holloway and Britt dating back to 2002, 1 which in-eluded allegations of |2sexual abuse, physical abuse, inadequate supervision, and environmental neglect. DHS further stated that Britt and Holloway had joint custody of the children and that Holloway was dating Nathan Warren, a level III sex offender. DHS proposed that Britt should have custody of the children and that Holloway should have only supervised visitation. On the same day the petition was filed, the circuit court entered an order granting the petition. On April 29, 2014, the court found probable cause for the emergency order.

On May 28, 2014, DHS filed a petition for emergency custody and dependency-neglect, and the circuit court granted the petition that same day. In the affidavit attached to the petition, DHS alleged that Britt had been unable to meet the children’s needs; that Holloway had unauthorized visitation with the children; and that the children had been threatened not to tell the truth to their counselors, teachers, and DHS workers. On June 1, 2014, the court held a probable-cause hearing, and on July 1, 2014, the court entered a probable-cause order.

On September 9, 2014, the circuit court held a dependency-neglect hearing, and on February 13, 2015, the court entered an order adjudicating the children dependent-neglected. On July 1, 2016, DHS filed a petition for termination of Holloway’s and Britt’s parental rights.

On August 19, 2016, the court held a termination hearing. At the hearing, Britt testified that he did not believe L.B., R.B., or M.B. were adoptable because of their medical and aggression issues. Holloway testified that she did not believe , her children were adoptable because of their emotional and behavioral issues.

laHoIly Johnson, a Greene County family-service worker, testified on behalf of DHS and stated that she had been assigned to the ease since January 25, 2016. She believed that the children could be successful in a loving and caring adoptive home but that DHS had been unable to initiate trial placements. She noted that the children had been placed in different homes since they had been removed from their parents’ custody, and she further discussed the children’s behavioral and development problems.

She stated that L.B. is in the eighth grade and that he is a very sweet child but that he has severe anger outbursts. She explained that during the outbursts, he frequently destroys items such as his eyeglasses and electronic tablets. She believed L.B. is adoptable but noted that his current foster home did not want to adopt him. She further noted that he had been placed in a therapeutic foster home and that he is receiving therapy there. She also stated that he enjoys playing on a soccer team. On cross-examination, Johnson testified that L.B. had been moved to multiple foster homes as result of his anger issues and that his anger issues are a hurdle to adoption.

Johnson testified that R.B. is in the sixth grade and that she is adoptable. She stated that she is in a group-home placement and that she receives therapy there. She also noted that she had been participating in extracurricular activities such as horseback riding and that she is learning patience through caring for the horses. On cross-examination, Johnson testified that R.B. suffers from ADHD and that she has trouble following instructions but that she had not received any recent reports of bad behavior. She stated that R.B.’s group-home parent had verbally expressed interest in adopting her.

14Johnson testified that M.B. is in fourth grade and that she is adoptable. She noted that over the summer she had traveled with her foster family and had behaved well on the trips. On cross-examination, she testified that M.B. also has anger outbursts and had tried to physically harm her foster parent. She explained that M.B. and C.B. had initially been placed in the same home, but they had to be separated because they had disagreements that resulted in physical aggression. She noted that M.B.’s current foster parents had verbally expressed interest in adopting her.

Johnson explained that C.B. has jealousy issues with M.B. and other children but that she is doing well in her foster home and that she is adoptable. On cross-examination, she stated that since C.B.’s separation from M.B., C.B.’s behavior had improved, but the case manager cannot mention M.B. without C.B. becoming agitated. She noted that C.B. lives in a therapeutic foster placement.

Johnson testified that Z.B. is in second grade and that he is adoptable. She stated that he works well with others and that he had behaved well on summer trips with his group home. On cross-examination, Johnson stated that he has emotional and behavioral issues. She noted that he cries when asked to complete simple tasks and that he frequently removes his clothing and runs around his home. She noted that he had been living in the same home for the last six months.

Kandi Tarpley, the Greene County foster-care unit supervisor, testified that based on her eleven years of experience, the children are a “tough adoption.” She explained that the adoption process may take time but some families want to raise children with behavior issues |fiand special needs. She testified that “there isn’t anything that could bar these kids from being adopted.”

On cross-examination, Tarpley stated that she had testified about the adoptability of children on five or six occasions. She stated that she had never testified that a child is not adoptable. She did “not believe a child can be unadoptable.” Further, when asked whether “no matter what the problems are with the kid, you would testify under oath that that child is adoptable,” Tarpley stated, “[Y]es, I would.” She further noted, “[K]ids do age out [of foster care]. Even those children are adoptable.”

At the conclusion of the hearing, the court found it was in the best interest of the children to terminate Britt’s and Holloway’s parental rights. The court noted that it had considered “the adoptability of these children in great detail.” On October 28, 2016, the court entered a termination order based on three statutory grounds. 2 In the order, the court found by clear and convincing evidence that it was in the best interest of the children to terminate Britt’s and Holloway’s parental rights. The court “specifically considered the likelihood that the juveniles will be adopted if the termination is granted” and found that “the children are adoptable.” Thereafter, Britt and Holloway filed their notices of appeal.

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Bluebook (online)
2017 Ark. App. 268, 520 S.W.3d 724, 2017 Ark. App. LEXIS 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holloway-v-arkansas-department-of-human-services-arkctapp-2017.