Jackson v. Arkansas Department of Human Services

429 S.W.3d 276, 2013 Ark. App. 411, 2013 WL 3070490, 2013 Ark. App. LEXIS 419
CourtCourt of Appeals of Arkansas
DecidedJune 19, 2013
DocketNo. CV-13-152
StatusPublished
Cited by29 cases

This text of 429 S.W.3d 276 (Jackson 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
Jackson v. Arkansas Department of Human Services, 429 S.W.3d 276, 2013 Ark. App. 411, 2013 WL 3070490, 2013 Ark. App. LEXIS 419 (Ark. Ct. App. 2013).

Opinion

PHILLIP T. WHITEAKER, Judge.

|, Jaron Jackson appeals from a Washington County Circuit Court order terminating his parental rights to his six-year-old son, A.J.1 His sole challenge to the termination is that there was insufficient evidence of any ground to support the termination. We reverse.

Christina South is the mother of two children, A.J. and J.S. On August 31, 2011, the Department of Human Services (DHS) exercised an emergency seventy-two-hour hold on A.J. and his younger half-sister, J.S., when South tested positive for illegal substances after giving birth to J.S.

At the initiation of this proceeding, Jackson’s whereabouts were allegedly unknown.2 12Jackson was served with a copy of the summons, petition, and notice of an adjudication hearing by warning order. The children were adjudicated dependent-neglected as a result of neglect and parental unfitness. The court’s order found that the mother had used illegal drugs during her pregnancy with J.S., that the putative fathers had not established paternity, and that J.S.’s father was incarcerated.

Throughout the proceeding, Jackson did not participate. Review orders continued services for the mother. The orders continued to note that Jackson’s whereabouts remained unknown, that he had had no contact with DHS, and that he had not established páternity. A permanency planning review order noted that Jackson had not complied with the orders of the court and had made no progress towards alleviating or mitigating the causes of the juvenile’s removal from the home or completing the court orders and requirements of the case plan. Jackson was absent for the permanency review hearing where the permanency goal was changed from reunification to termination of parental rights and adoption.

A petition for termination of parental rights was filed on September 7, 2012. At the time the petition was filed, Jackson’s address was still unknown, and he was served with the petition by warning order. The petition alleged two statutory grounds for termination of parental rights: (1) the juveniles had been adjudicated dependent-neglected, had resided outside of the home of the parents for twelve months, and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions had not been remedied by the parent; and (2) other factors or issues had arisen subsequent to the filing of the original petition for dependency-neglect that demonstrated thatpreturn of the juveniles to the custody of the parents was contrary to the juvenile’s health, safety, or welfare, and that, despite the offer of appropriate family services, the parent had manifested the incapacity or indifference to remedy the subsequent issues or factors which prevent return of the juvenile to the custody of the parents. The petition specifically noted that Jackson had not participated in the case plan or court orders and had not maintained contact with DHS.

Jackson appeared before the court for the first time at the October 13, 2012 termination hearing. The trial court terminated the rights of the mother but continued the case as to Jackson. Jackson was appointed an attorney, and the termination hearing was rescheduled for November 14, 2012. He was personally served with the summons, petition, and notice of hearing.

The trial court terminated Jackson’s parental rights, listing three grounds to support termination. First, the trial court found that the juvenile had been adjudicated dependent-neglected, had remained outside the home for twelve months, and that, despite a meaningful effort by DHS, the conditions requiring removal had not been corrected. Second, the court found that the child had lived outside the home for a period of twelve months and that Jackson had willfully failed to provide material support or maintain meaningful contact with the child. Third, the trial court found that other factors arose after the filing of the original petition and that Jackson had shown either an incapacity or an indifference to remedy the conditions preventing the child’s return to his custody. Finally, the trial court found the termination was in the best interest of the juvenile by clear and | ¿convincing evidence taking into consideration (1) the likelihood that the juvenile will be adopted if the termination petition is granted; and (2) the potential harm, specifically addressing the effect on the health and safety of the child, caused by returning the child to the custody of the parent.3

Termination-of-parental-rights cases are reviewed de novo. Hune v. Ark. Dep’t of Human Servs., 2010 Ark. App. 543, 2010 WL 2612681. Grounds for termination of parental rights must be proved by clear and convincing evidence, which is that degree of proof that will produce in the finder of fact a firm conviction of the allegation sought to be established. Hughes v. Ark. Dep’t of Human Servs., 2010 Ark. App. 526, 2010 WL 2522197. The appellate inquiry is whether the trial court’s finding that the disputed fact was proved by clear and convincing evidence is clearly erroneous. J.T. v. Ark. Dep’t of Human Servs., 329 Ark. 243, 248, 947 S.W.2d 761, 763 (1997). A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been made. Id. In resolving the clearly erroneous question, we give due regard to the opportunity of the trial court to judge the credibility of witnesses. Camarillo-Cox v. Ark. Dep’t of Human Servs., 360 Ark. 340, 352, 201 S.W.3d 391, 399 (2005). Termination of parental rights is an extreme remedy and in derogation of a parent’s natural rights; however, parental rights will not be enforced to the detriment or destruction of the health and well-being of the child. Meriweather v. Ark. Dep’t of Health & Human Servs., 98 Ark. App. 328, 331, 255 S.W.3d 505, 507 (2007).

|sJackson argues that there was insufficient evidence submitted to support the grounds for termination. More specifically, he argues that the trial court improperly relied on a ground not alleged in the petition for termination (no material support or meaningful contact) and improperly relied on a ground not applicable to him (failure to remedy the conditions causing removal). Finally, Jackson argues that the third ground relied on by the court was insufficient because DHS failed to show that DHS made any offer of appropriate family services or that he had not remedied the subsequent factors that prevented return of the child.

In order to terminate parental rights, the trial court must find by clear and convincing evidence that one or more statutory grounds for termination exists. Ark.Code Ann. § 9-27-341(b)(3)(B) (Supp. 2011). Proof of only one statutory ground is sufficient to terminate parental rights. Gossett v. Ark. Dep’t of Human Servs., 2010 Ark. App. 240, at 7, 374 S.W.3d 205, 209.

I. Failure to Provide Significant Support or Maintain Meaningful Contact

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Bluebook (online)
429 S.W.3d 276, 2013 Ark. App. 411, 2013 WL 3070490, 2013 Ark. App. LEXIS 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-arkansas-department-of-human-services-arkctapp-2013.