Jones v. Arkansas Department of Human Services

2016 Ark. App. 615, 508 S.W.3d 897, 2016 Ark. App. LEXIS 633
CourtCourt of Appeals of Arkansas
DecidedDecember 14, 2016
DocketCV-16-726
StatusPublished
Cited by4 cases

This text of 2016 Ark. App. 615 (Jones 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 v. Arkansas Department of Human Services, 2016 Ark. App. 615, 508 S.W.3d 897, 2016 Ark. App. LEXIS 633 (Ark. Ct. App. 2016).

Opinion

PHILLIP T. WHITEAKER, Judge

| Mason Jones and Amanda Self appeal a Pulaski County Circuit Court order terminating their parental rights to their son, G.J. Jones challenges both the trial court’s findings of statutory grounds and its best-interest determination, while Self challenges only the statutory grounds for termination. We affirm.

I. Facts

The Arkansas Department of Human Services (the Department) initiated contact with Jones and Self in March 2015, due to a report of inadequate supervision and substance misuse. The Department pursued efforts to keep G.J. in the home by means of a safety plan. Jones and Self agreed to remain drug free and that G.J. would be supervised by a sober adult at all times. In April 2015, both Jones and Self tested positive for illegal substances, and the Department opened a protective-services case. Eventually, G.J. was brought into care on May |¾1, 2015, due in part to the continued drug usage by the parents and the Selfs failure to attend AA/NA meetings. The court adjudicated G.J. dependent-neglected on July 1, 2015, based on a stipulation of neglect and parental unfitness caused by the parents’ drug use. The court continued custody in the Department and listed the goal of the case as reunification with a concurrent goal of adoption.

The court conducted a review hearing in October 2015, where it changed the goal of the case to adoption with the concurrent goal of reunification. The court acknowledged that the initial goal was reunification and found that the Department had made reasonable efforts to provide services and to achieve that goal. Despite the Department’s provision of services, the court noted that the parties were halfway through the case, and their issues were no closer to being resolved. The court stated that it wanted to see that the parents had stable housing and employment and that their medical issues were being addressed. The court found that neither Jones nor Self was in compliance with the case plan and that they were just playing games. The court noted that both parents needed to overcome their drug habits and that prescribed medications could affect their ability to parent as much as illegal substances could. Specifically, the court stated that Jones needed to bring proof of what medication he was on, why he needed it, and whether his conditions, diagnoses, and prognoses were conducive to being able to raise a child. The court indicated it suspected Jones was just trading one addiction for another. The court concluded that there was no evidence that Jones or Self had shown progress or any benefit from the services they had received; instead, they were just | ¡¡going through the motions. As a result, the court authorized the Department to file a termination petition in the case.

The Department filed a petition to terminate parental rights on March 16, 2016—less than one year from the date of removal. As to both parents, the Department alleged the following grounds for termination: (1) subsequent other factors warranted termination and (2) aggravating circumstances (i.e. that there was little likelihood that services to the family would result in reunification). As to Self, the Department cited her suspected continued drug use, her lack of compliance with the court’s orders and case plan, her lack of visitation with the child, her lack of stable housing, her failure to keep the Department informed of her location, and her failure to follow through with referred services as the basis for its subsequent-other-factors allegation. As to Jones, the Department listed the following subsequent factors: his failure to follow through with counseling, his continued drug usage, and his failure to visit the child. As to the aggravated-circumstances ground, the Department alleged that neither Jones nor Self had availed themselves of the services most likely to result in successful reunification and had faked to visit or provide any material or emotional support to the child.

A combined permanency-planning and termination hearing was held on April 18, 2016. After hearing the testimony and reviewing all the evidence presented, the trial court entered an order terminating the parental rights of both Jones and Self. The court found that the Department had proved as to both parents that subsequent other factors existed to support termination, as well as the aggravated-circumstances ground. The court further found that termination was in the best interest of the child; that he was adoptable; and that he would be ^subject to potential harm if returned to the custody of his parents. Both Jones and Self appeal from this order terminating their parental rights.

II. Standard of Review

The rights of natural parents are not to be passed over lightly. The termination of parental rights is an extreme remedy and in derogation of the natural rights of the parents. Fox v. Ark. Dep’t of Human Servs., 2014 Ark. App. 666, 448 S.W.3d 735. As a result, there is a heavy burden placed on the party seeking to terminate the relationship. Id. In order to terminate parental rights, a trial court must find by clear and convincing evidence that termination is in the best interest of the juvenile, 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. Ark. Code Ann. § 9-27-341 (b)(3)(A)(i) & (ii) (Repl. 2015). The order terminating parental rights must also be based on a showing of clear and convincing evidence as to one or more of the grounds for termination listed in section 9-27-341(b)(3)(B). Clear and convincing evidence is defined as that degree of proof that will produce in the fact-finder a firm conviction as to the allegation sought to be established. Posey v. Ark. Dep’t of Human Servs., 370 Ark. 500, 262 S.W.3d 159 (2007).

On appeal, the appellate court reviews termination-of-parental-rights cases de novo but will not reverse the trial court’s ruling unless its findings are clearly erroneous. Dade v. Ark. Dep’t of Human Servs., 2016 Ark. App. 443, 503 S.W.3d 96. 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 determining whether a finding is clearly erroneous, an appellate court gives due deference to the opportunity of the trial court to judge the credibility of witnesses. Id.

III. Statutory Grounds

The court terminated the parental rights of Jones on both the subsequent-other-factors and the aggravated-circumstances grounds. Jones challenges both statutory grounds found by the trial court. However, only one ground must be proved to support termination. Reid v. Ark. Dep’t of Human Servs., 2011 Ark. 187, 380 S.W.3d 918. Because there was sufficient evidence to support the aggravated-circumstances ground, his challenge fails.

The court found the statutory ground of aggravated circumstances against Jones by clear and convincing evidence. Ark. Code Ann. § 9-27-341(b)(3)(B)(ix)(a)(3)(A).

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Cite This Page — Counsel Stack

Bluebook (online)
2016 Ark. App. 615, 508 S.W.3d 897, 2016 Ark. App. LEXIS 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-arkansas-department-of-human-services-arkctapp-2016.