Knight v. Arkansas Department of Human Services

2017 Ark. App. 602, 533 S.W.3d 592, 2017 Ark. App. LEXIS 676
CourtCourt of Appeals of Arkansas
DecidedNovember 8, 2017
DocketCV-17-599
StatusPublished
Cited by4 cases

This text of 2017 Ark. App. 602 (Knight 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
Knight v. Arkansas Department of Human Services, 2017 Ark. App. 602, 533 S.W.3d 592, 2017 Ark. App. LEXIS 676 (Ark. Ct. App. 2017).

Opinion

PHILLIP T. WHITEAKER, Judge

|Appellant Danielle Knight appeals from the order of the Clay County Circuit Court that terminated her parental rights to her son, S.L. On appeal, she challenges the circuit court’s finding as to one of the two statutory grounds for termination; in addition, she argues that the circuit court erred in its finding of potential harm to the child if custody were returned to her. For the reasons set forth below, we affirm.

I. Background

On January 6, 2016, Knight was arrested following a search of her house that revealed methamphetamine, drug paraphernalia, weapons, and an active pipe bomb. S.L. was present in the home at the time of the arrest. The Arkansas Department of Human Services (DHS) took custody of S.L. based on this arrest and because there was no other caretaker for S.L. at |2the time. S.L. was adjudicated dependent-neglected approximately a month later based on Knight’s parental unfitness due to drug use.

After adjudication, the circuit court found that Knight had only partially complied with the case plan. The court found that Knight had not remained drug free. Specifically, she tested positive for methamphetamine in May 2016, failed to submit to drug 'testing in December 2016, and tested positive again for drugs in January 2017. The court further found that Knight did not obtain and maintain stable employment throughout the course of the proceedings, and she failed to submit to a psychological evaluation. Additionally, the court found that Knight had pled guilty to drug charges. The court accordingly authorized DHS to file a petition for termination of parental rights.

DHS filed a petition to terminate Knight’s parental rights alleging, as statutory grounds for termination, twelve months failure to remedy, see Ark. Code Ann. § 9-27-341(b)(3)(B)(i)foJ (Repl. 2015), and subsequent other factors,, see Ark. Code Ann. § 9-27-341 (b)(3)(B)(vii)(W. 1 After a hearing, the circuit court entered an order finding that DHS had proved both grounds and that termination of Knight’s parental rights was in S.L.’s best interest. Knight, filed a timely notice of appeal from that order and now argues that the circuit court erred in finding that DHS proved the “failure to remedy” ground and in finding that S.L. would be at. risk of potential harm if returned to her custody.

I all Stmdard of Review

We review termination-of-parental-rights cases de novo but will not reverse the circuit 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, we have noted that in matters involving the welfare of young children, we will give great weight to the circuit court’s personal observations. Jackson v. Ark Dep’t of Human Servs., 2016 Ark. App. 440, 503 S.W.3d 122.

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. The termination of parental rights is a two-step process that requires the circuit court to find that the parent is unfit and that termination is in the best interest of the child. T.J. v. Ark. Dep’t of Human Servs., 329 Ark. 243, 947 S.W.2d 761 (1997); Smith v. Ark. Dep’t of Human Servs., 2013 Ark. App. 753, 431 S.W.3d 364. The first step requires proof of one or more of the statutory grounds for termination. Ark. Code Ann. § 9-27-341(b)(3)(B). The second step requires consideration of whether the termination of parental rights is in the child’s best interest. Ark. Code Ann. § 9-27-341(b)(3)(A).

¡¿III. Statutory Grounds

The circuit court . terminated Knight’s parental rights based on two statutory grounds: subsequent other factors, see Ark. Code Ann. § 9-27-3419(b)(3)(B)(vii)(a), and twelve months failure to remedy, see Ark. Code Ann. § 9-27-341(b)(3)(B)(i)(U). Under Arkansas Code Annotated section 9-27-341(b)(3)(B)(i)(a), DHS must present clear and convincing evidence that a juvenile has been adjudicated by the court to be dependent-neglected and has continued to be out of. the custody of the parent for twelve months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent. On appeal, Knight argues that the circuit court erred in finding that she failed to remedy the conditions that, caused the removal of S.L.— specifically, her drug usage.

It is unnecessary for us to address the merits of her argument, however. Only one ground is necessary to terminate parental rights, and we have held that when an appellant fails to attack the circuit court’s independent, alternative basis for its ruling, we will not reverse. Lowery v. Ark. Dep’t of Human Servs., 2012 Ark. App. 478, at 5-6, 2012 WL 4009601; see also Anderson v. Ark. Dep’t of Human Servs., 2016 Ark. App. 428, at 9, 501 S.W.3d 831, 836 (“When a parent does not challenge all of the circuit court’s findings as to statutory grounds for termination, an unchallenged ground is sufficient to affirm the termination order.”). Knight’s sole argument on appeal addresses only the “failure, to remedy” finding by the circuit court; she fails to separately challenge the circuit court’s findings as to the “subsequent other factors” ground. We therefore affirm on this point.

IfilV. Best Interest

Knight also challenges the circuit court’s finding that termination was in S.L.’s best interest. The court determines whether termination is in a juvenile’s best interest by considering two factors: (1) the likelihood that the juvenile will be adopted if parental rights are terminated, and (2) the potential harm caused by continuing contact with the parent. Ark. Code Ann. § 9-27-341(b)(3) (A)(i) — (ii) , 2

Knight specifically argues that the circuit court erred'in finding that there was a risk of potential harm if the child were returned to her custody. In considering potential harm caused by returning the child to the parent, the circuit court is not required to find that actual harm would result or affirmatively identify a potential harm. Gulley v. Ark. Dep’t of Human Servs., 2016 Ark. App. 367, 498 S.W.3d 754; Welch v. Ark. Dep’t of Human Servs., 2010 Ark. App. 798, 378 S.W.3d 290. Potential harm must .be viewed in a forward-looking manner and in broad terms, in-eluding the harm the child suffers from the lack of the stability the child would otherwise receive in a permanent home. Collins v. Ark. Dep’t of Human Servs., 2013 Ark. App. 90, 2013 WL 546940. This court has consistently noted that continuing drug use demonstrates potential harm, to children, See Eldredge v. Ark. Dep’t of Human Servs., 2014 Ark.

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Bluebook (online)
2017 Ark. App. 602, 533 S.W.3d 592, 2017 Ark. App. LEXIS 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-arkansas-department-of-human-services-arkctapp-2017.