Jones-Lee v. Arkansas Department of Human Services

316 S.W.3d 261, 2009 Ark. App. 160, 2009 Ark. App. LEXIS 488
CourtCourt of Appeals of Arkansas
DecidedMarch 4, 2009
DocketCA 08-1008
StatusPublished
Cited by26 cases

This text of 316 S.W.3d 261 (Jones-Lee 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
Jones-Lee v. Arkansas Department of Human Services, 316 S.W.3d 261, 2009 Ark. App. 160, 2009 Ark. App. LEXIS 488 (Ark. Ct. App. 2009).

Opinions

WAYMOND M. BROWN, Judge.

hEurana Jones-Lee appeals from an order terminating her parental rights to her four children: Z.J. (born August 20, 2001), C.J. (born November 15, 2003), A.J. (born September 13, 2005), and C.S.J. (born March 26, 2007). She argues that the circuit court erred in determining that termination was in the children’s best interest, that the Arkansas Department of Human Services (DHS) made a meaningful effort to rehabilitate the home and correct the conditions that caused removal, and that she failed to remedy the conditions that caused the children to be removed from the home. She also challenges the denial of her motion for a continuance, contending that it precluded her from presenting evidence regarding her current mental status. We affirm the termination order and the denial of her motion for a continuance.

_[¿Factual and Procedural History

This case began with a report of inadequate supervision of Jones-Lee’s two oldest children. On February 10, 2007, DHS found five-year-old Z.J. and three-year-old C.J. unattended at their home. Jones-Lee left the children unsupervised while she attended church with one-year-old A.J. Z.J. and C.J. were immediately taken into emergency custody. At the time, Jones-Lee was seven months’ pregnant with C.S.J. Two days later, the investigator spoke with Jones-Lee by telephone and Jones-Lee agreed to bring A.J. into DHS’s office. However, Jones-Lee arrived without A. J. She told the investigator that she left the older children alone to go to church due to their behavior problems. She said that she did not have the patience to take the older boys to church and that she did not feel like “smacking” them. She explained that while she was at church, “God was watching the children.” Jones-Lee further told the investigator that she could do whatever she wanted to with her children, that she did not have to answer to the investigator, and that she must answer only to God. Jones-Lee admitted to the investigator that she had been diagnosed with depression but said that she did not take her medication because she did not want to become dependent.

A.J. was not taken into custody until the probable cause hearing held February 16, 2007. C.S.J. was born on March 28, 2007. Two days later, DHS took emergency custody of | shim, and the circuit court subsequently found probable cause to continue the custody. All the children were eventually adjudicated dependent-neglected. The two older boys were placed in the same foster home; A.J. and C.S.J. were placed in separate foster homes. Jones-Lee was awarded supervised visitation. The case plan required Jones-Lee 1) to obtain stable housing and employment; 2) to complete parenting classes and demonstrate parenting skills; 3) to participate in psychological evaluations and follow any recommendations resulting therefrom; 4) to take medication as prescribed; 5) to refrain from illegal drugs and alcohol; 6) to maintain a clean and safe home; 7) to demonstrate the ability to protect and keep the children safe; 8) to take steps to resolve the paternity of one of the children; and 9) to participate in individual counseling.

Dr. Paul DeYoub performed a psychological evaluation of Jones-Lee on May 7, 2007. He considered Jones-Lee to be chronically ill because she displayed psychosis secondary to depression. He diagnosed Jones-Lee with major depression, recurrent and severe, with psychotic features; parenting problems; personality disorder, inadequate and dependent. Dr. DeYoub felt that reunification was not an option because Jones-Lee was “too disturbed.” He did not think that reunification could be considered until Jones-Lee stabilized and participated in a regular routine with medication, a therapist, and a case manager. He recommended hospitalization or at least outpatient treatment and medication management.

As ordered, Jones-Lee began individual counseling with Fritzie Hemphill on June 12, | ,(2007. In a letter dated July 27, 2007, Hemphill notified Jones-Lee’s first caseworker, Shirley Burgess, that they were addressing the issues of depression, memory loss, and parental capacity, that Jones-Lee had participated in weekly counseling sessions, and that she had been referred for medication management. Hemphill further stated, “We have also discussed the fact that Ms. Jones had experienced some difficulty remembering important events. Ms. Burgess, it may be necessary to assist Ms. Jones with obtaining a physical evaluation and/or neurological evaluation to rule out medical issues.”

During the first review hearing, held on July 27, 2007, the court found that Jones-Lee had “substantially complied” with the case plan and had made “some” progress toward mitigating the reasons for removal. In particular, Jones-Lee had completed parenting classes, had undergone a psychological evaluation, had exercised visitation and acted appropriately, was working part-time and had moved into an apartment, was participating in therapy, was taking medication as prescribed, and had attended the children’s medical appointments. The court noted that Jones-Lee “needs to continue services and be able to demonstrate that she can provide for the juveniles’ needs and keep them safe and protected.”

On September 5, 2007, the court entered a temporary order prohibiting Jones-Lee and her extended family members from visiting the home of the foster parents, the children’s schools, and any venue where the children were present. On September 24, 2007, before the next review hearing was conducted, Jones-Lee was incarcerated on unrelated [ r,misdemeanor charges. She remained in the Pulaski County Jail until December 19, 2007.

The next review hearing was held on December 6, 2007. In a court report filed the previous day, DHS stated that, prior to Jones-Lee’s incarceration, she exercised visitation as ordered, maintained a safe environment for herself and her children, and received outpatient counseling. The court found that compliance with the case plan was “very, very slowly” proceeding toward an appropriate permanency plan for the children. The court noted that Jones-Lee did not exercise visitation with her children while incarcerated, but that she did visit them prior to incarceration. It further noted that Jones-Lee had violated its previous order by visiting one of her children at the foster parent’s home.

The court also found that Jones-Lee had not received any formal mental-health outpatient treatment, although she spent five days in UAMS for “a mental-health episode.” It further found that Jones-Lee was taking two of her three prescribed medications, and that she had some individual counseling prior to being incarcerated. Because Jones-Lee’s voluntary drug tests were negative, the court found that she had refrained from illegal drug use. The court determined that Jones-Lee had only partially complied with the case plan and court orders and had made “only minimal progress” toward remedying the cause of removal. Jones-Lee was ordered to comply with court orders and the case plan upon her release from jail.

|fiIn a permanency-planning order entered February 22, 2008, the court changed the case goal to adoption and termination of parental rights. It found that Jones-Lee had partially complied with the case plan. It noted that each of her drug screens had been negative; that, except when she was incarcerated, she maintained stable housing and employment; and that she exercised weekly visitation except when the children were sick or DHS was unable to facilitate the visits.

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Bluebook (online)
316 S.W.3d 261, 2009 Ark. App. 160, 2009 Ark. App. LEXIS 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-lee-v-arkansas-department-of-human-services-arkctapp-2009.