Knuckles v. Arkansas Department of Human Services

2015 Ark. App. 463, 469 S.W.3d 377, 2015 Ark. App. LEXIS 538
CourtCourt of Appeals of Arkansas
DecidedSeptember 9, 2015
DocketCV-15-271
StatusPublished
Cited by18 cases

This text of 2015 Ark. App. 463 (Knuckles 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
Knuckles v. Arkansas Department of Human Services, 2015 Ark. App. 463, 469 S.W.3d 377, 2015 Ark. App. LEXIS 538 (Ark. Ct. App. 2015).

Opinion

KENNETH S. HIXSON, Judge

| Appellant Heather Knuckles appeals the January 2015 order of the Greene County Circuit Court that terminated her parental rights to her twins born in August 2012. 1 The children were taken into emergency custody by the Arkansas Department of Human Services (DHS) in August 2013, when the twins were one year of age. DHS filed a petition to terminate her parental rights in November 2014, which was granted in January 2015 following a hearing. Appellant filed a timely notice of appeal, and she argues that the trial court’s decision to terminate her parental rights is clearly erroneous because there is insufficient evidence to support it. We disagree and affirm.

| ¡>We review termination of parental rights cases de novo. Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207, 40 S.W.3d 286 (2001). At least one statutory ground must exist, in addition to a finding that it is in the child’s best interest to terminate parental rights; these must be proved by clear and convincing evidence. Ark. Code Ann. § 9-27-341 (Supp. 2013); M.T. v. Ark. Dep’t of Human Sews., 58 Ark. App. 302, 952 S.W.2d 177 (1997). Clear and convincing evidence is that degree of proof that will produce in the fact finder a firm conviction as to the allegation sought to be established. Anderson v. Douglas, 310 Ark. 633, 839 S.W.2d 196 (1992). The appellate inquiry is whether the trial court’s finding that the disputed fact was proven by clear and convincing evidence is clearly erroneous. J.T. v. Ark Dep’t of Human Sews., 329 Ark. 243, 947 S.W.2d 761 (1997); Tucker v. Ark. Dep’t of Human Sews., 2011 Ark. App. 430, 389 S.W.3d 1; Pine v. Ark. Dep’t of Human Sews., 2010 Ark. App. 781, 379 S.W.3d 703. Credibility determinations are left to the fact finder, here, the trial court. Moiser v. Ark. Dep’t of Human Sews., 95 Ark. App. 32, 233 S.W.3d 172 (2006).

The intent behind the termination-of-parental-rights statute is to provide permanency in a child’s life when it is not possible to return the child to the family home because it is contrary to the child’s health, safety, or welfare, and a return to the family home cannot be accomplished in a reasonable period of time as viewed from the child’s perspective. Ark. Code Ann. § 9-27-341(a)(3). Even full compliance with the case plan is not determinative; the issue is whether the parent has become a stable, safe parent able to care for their child. Camarillo-Cox v. Ark. Dep’t of Human Sews., 360 Ark. 340, 201 S.W.3d 391 (2005); Cole v. Ark. Dep’t of Human Sews., 2012 Ark. App. 203, 394 S.W.3d 318; Tucker, supra., A parent’s |spast behavior is often a good indicator of future behavior. Stephens v. Ark. Dep’t of Human Sews., 2013 Ark. App. 249, 427 S.W.3d 160. 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. Pine, supra.

The standard of review in appeals of termination of parental rights is de novo, but we reverse a trial court’s decision to terminate parental rights only when it is clearly erroneous. Ullom v. Ark. Dep’t of Human Sews., 340 Ark. 615, 12 S.W.3d 204 (2000); Mitchell v. Ark. Dep’t of Human Sews., 2013 Ark. App. 715, 430 S.W.3d 851; Brewer v. Ark. Dep’t of Human Sews., 71 Ark. App. 364, 43 S.W.3d 196 (2001). A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with a distinct and firm conviction that a mistake was made. Wade v. Ark. Dep’t of Human Sews., 337 Ark. 353, 990 S.W.2d 509 (1999); Hopkins v. Ark. Dep’t of Human Sews., 79 Ark. App. 1, 83 S.W.3d 418 (2002).

In this case, the trial court found that two statutory grounds defined in Arkansas Code Annotated § 9-27-327(b)(3)(B) had been proven to support terminating appellant’s parental rights, as alleged by DHS. Those grounds were (1) the out-of-custody for twelve months and failure-to-remedy ground, and (2) the “other factors” ground. Appellant argues that the statutory grounds were not proven because, although she suffered from “mental health and drug issues” at the commencement of this DHS case and suffered a relapse, those issues were being corrected, and she had a several-month track record to prove it. This, she argues, renders the termination order in error, warranting reversal.

^Appellant further argues that termination of her parental rights is not in her children’s best interest because she presents no potential harm to them. By statute, in the best-interest inquiry, the trial court must consider the potential harm to the children in returning the children to the parent, as stated in Arkansas Code Annotated section 9-27-341(b)(3)(A)(ii). 2 The potential harm inquiry must be viewed in a forward looking manner and in broad terms; there is no requirement that actual harm would result or that the trial court identify the potential-harm. Hamman v. Ark, Dep’t of Human Servs., 2014 Ark. App. 295, 435 S.W.3d 495. Appellant contends that she was bonded to her children, that the children were bonded to her, and that she was making diligent efforts to maintain sobriety and a stable life, such that the provision of additional reunification services was warranted. Thus, she argues that there was insufficient evidence to support terminating her parental rights where it was not in the children’s best interest. After conducting a de novo review of the evidence, we are not left with a distinct and firm conviction that a mistake was made. Thus, we affirm.

The evidence developed before the trial court showed that county law enforcement officers were called to appellant’s home in August 2013 to conduct a welfare check on her and her children. Appellant refused to permit them into her home, and her refusal to cooperate led to her arrest for disorderly conduct. Appellant tested positive for methamphetamine. At her initial criminal appearance, appellant was ordered to undergo a mental evaluation.

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Bluebook (online)
2015 Ark. App. 463, 469 S.W.3d 377, 2015 Ark. App. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knuckles-v-arkansas-department-of-human-services-arkctapp-2015.