Krantz v. Arkansas Department of Human Services

2011 Ark. 185, 380 S.W.3d 927, 2011 Ark. LEXIS 169
CourtSupreme Court of Arkansas
DecidedApril 28, 2011
DocketNo. 10-694
StatusPublished
Cited by8 cases

This text of 2011 Ark. 185 (Krantz v. Arkansas Department of Human Services) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krantz v. Arkansas Department of Human Services, 2011 Ark. 185, 380 S.W.3d 927, 2011 Ark. LEXIS 169 (Ark. 2011).

Opinion

KAREN R. BAKER, Justice.

_[iAppellants Miriam Krantz and Albert Krantz appeal from a Miller County Circuit Court order terminating their parental rights to them six children: L.K., born September 23, 1996; A.K., born April 20, 1999; A.K.2, born November 10, 2001; S.K., born August 1, 2003; C.K., born June 28, 2006; and R.K., born September 1, 2007. On appeal, they argue that the trial court erred in terminating them parental rights because: the order violated their rights, and those of them children, guaranteed under the federal and state constitutions; the circuit court erred in ruling that taped conversations between Tony Alamo and unidentified women were admissible; and the circuit court’s finding that the juveniles faced potential harm if returned to the custody of the Krantzes was based upon speculation and conjecture. This case presents an issue involving the Arkansas Constitution. Therefore, our jurisdiction is pursuant to Ark. Sup.Ct. R. 1-2(a)(1) (2010). We affirm.

| ¿This case is one of five cases decided today that involves children who were removed by appellee Arkansas Department of Human Services (DHS) from the compound of the Tony Alamo Christian Ministries (“the TACM”) in Fouke, Arkansas. The procedural history of these cases is set forth in Myers v. Arkansas Department of Human Services, 2011 Ark. 182, 380 S.W.3d 906.

On November 18, 2008, an ex parte order for emergency custody was entered by the Miller County Circuit Court for the Krantz children, which placed the children in the custody of DHS. A probable cause order was entered on December 22, 2008, reflecting that the Krantzes stipulated to probable cause, that the conditions existing at the time of the emergency order continued to exist, and that custody of the juveniles should remain with DHS. On February 9, 2009, the juveniles were adjudicated dependent-neglected.1

At the October 27, 2009 permanency-planning hearing, the court found that it was in the best interests of the juveniles that the parental rights be terminated and that the goal was adoption. The court determined that despite reasonable efforts by DHS, the conditions that caused the children to be removed had not been remedied; in that, the Krantzes had adamantly refused to obtain safe, stable, independent housing, or seek independent employment apart from TACM, and that Albert Krantz refused to attend counseling as | ..¡recommended in his psychological evaluation. The court found that the Krantzes had exposed the juveniles to an atmosphere with a serious risk of child abuse, that the parents were totally .dependent upon an organization headed by a convicted sex offender, and that they refused to believe that child abuse had occurred within the confines of the TACM. On April 15, 2010, the circuit court entered an order terminating the parental rights of the Krantzes. This appeal followed.

I. Free Exercise of Religion

The Krantzes argue that the termination order violates their parental rights and the rights of their children under the First and Fourteenth Amendments to the United States Constitution and article 2, section 24 of the Arkansas Constitution. They assert that Thorne v. Arkansas Department of Human Services, 2010 Ark. App. 443, 374 S.W.3d 912, should be overruled because it violates this court’s standard of review in free-exercise-of-religion cases. For the reasons set forth in Myers, supra, we affirm the circuit court’s decision.

II. Admission of the Telephone Conversations

The Krantzes argue for reversal that the evidence relied upon by the trial court in terminating their parental rights was improperly admitted. Specifically, they assert that the taped conversations between Tony Alamo while at the Bowie County Correctional Facility and unidentified TACM members were hearsay, and that their probative value was outweighed by their prejudicial effect. For the reasons set forth in Myers, supra, we affirm the circuit court’s decision.

14III. Evidence of Potential Harm

The Krantzes assert that “the grounds for termination of [their] parental rights were not proven by clear and convincing evidence.” However, they only challenge the finding of the circuit court regarding the potential harm the juveniles would face if returned to the custody of the Krantzes. Termination of parental rights is a two-step process. J.T. v. Ark. Dep’t of Human Servs., 329 Ark. 243, 947 S.W.2d 761 (1997). The first step is proof of a statutory ground. Ark.Code Ann. § 9 — 27—341(b)(3) (Repl. 2009). Because the Krantzes do not challenge the statutory grounds in support of the termination order, we need not address this issue.

The second step requires consideration of the likelihood that the juveniles will be adopted and the potential harm caused by returning the custody of the children to the Krantzes. See Ark.Code Ann. § 9-27-341(b)(3)(A). The Krantzes do not challenge the likelihood that their children will be adopted; however, they do challenge the finding required by Ark.Code Ann. § 9 — 27—341(b)(3)(A)(ii) that an order forever terminating the parental rights shall be based upon a finding of “[t]he potential harm, specifically addressing the effect on the health and safety of the child, caused by returning the child to the custody of the ... parents.” We therefore address only whether the evidence supported the circuit court’s finding on potential harm.

Joint Exhibit Number 1 was admitted into evidence at the termination hearings of Bethany Myers, Alphonzo Reid, Greg Seago, Carlos and Sophia Parrish, and the Krantzes. It was a joint stipulation between all of the above-referenced parties and DHS to numerous |sfacts applicable to all of the parents. The relevant stipulations were: that the parents failed to obtain safe and stable housing separate and apart from the TACM and its members; that the parents failed to obtain stable employment separate and apart from the TACM and its members; that the parents have refused to obtain housing and employment separate and apart from the TACM because the parents believe these requirements to be unconstitutional violations of the First Amendment right of parents to the free exercise of religion; that Tony Alamo was criminally convicted in federal court of violation of the Mann Act; that Tony Alamo has telephone privileges at the Bowie County Correctional Facility; that Tony Alamo calls members of the TACM on a regular basis; that the parents continue to live in a collective environment in which their earnings and labor belong to the TACM, which provides for the parents’ needs; that Albert Krantz and Greg Seago testified on behalf of Tony Alamo at Tony Alamo’s federal criminal sentencing hearing; and, that testimony and exhibits from all of the cases would be incorporated into each case.

Miriam Krantz testified that she worked for the TACM as a cook and in the audio department and that she was afraid of losing her husband, Albert Krantz, if she left the TACM to find separate housing and employment as required by the DHS case plan. She said that her commitment to God precluded her from leaving the TACM.

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Dowden v. Ark. Dep't of Human Servs.
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Ingle v. Arkansas Department of Human Services
2014 Ark. 53 (Supreme Court of Arkansas, 2014)
Myers v. Arkansas Department of Human Services
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565 U.S. 943 (Supreme Court, 2011)
Myers v. Arkansas Department of Human Services
2011 Ark. 182 (Supreme Court of Arkansas, 2011)

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2011 Ark. 185, 380 S.W.3d 927, 2011 Ark. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krantz-v-arkansas-department-of-human-services-ark-2011.