Landis-Maynard v. Arkansas Department of Human Services

386 S.W.3d 641, 2011 Ark. App. 673, 2011 WL 5387513, 2011 Ark. App. LEXIS 726
CourtCourt of Appeals of Arkansas
DecidedNovember 9, 2011
DocketNo. CA 11-727
StatusPublished
Cited by3 cases

This text of 386 S.W.3d 641 (Landis-Maynard 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
Landis-Maynard v. Arkansas Department of Human Services, 386 S.W.3d 641, 2011 Ark. App. 673, 2011 WL 5387513, 2011 Ark. App. LEXIS 726 (Ark. Ct. App. 2011).

Opinion

LARRY D. VAUGHT, Chief Judge.

| Melissa Landis-Maynard and Tommy Dale Niccum appeal from an order terminating their parental rights in their three-year-old son, T.N. Landis-Maynard’s attorney has filed a no-merit brief and motion to withdraw, stating that there are no issues of arguable merit for appeal. Linker-Flores v. Ark. Dep’t of Human Servs., 359 Ark. 131, 194 S.W.3d 739 (2004); Ark. Sup.Ct. R. 6 — 9(i) (2011). Niccum, who is represented by separate counsel, seeks reversal on the grounds that termination was not in the child’s best interest and that the Arkansas Department of Human Services (DHS) did not make meaningful efforts to rehabilitate him. We affirm the termination order as to both parents and grant Landis-Maynard’s counsel’s motion to withdraw.

I. Factual Background

Melissa Landis gave birth to T.N. when she was seventeen years old. The father, 12Tommy Niccum, was fourteen. Not long after the child’s birth in March 2008, Lan-dis married Patrick Maynard. Niccum continued to live at home with his mother.

On September 16, 2009, DHS received a report that T.N. had been injured and that Patrick Maynard did not like the child. An investigation revealed that T.N. had bruises on his face and ear, and scratches and bruises on his thigh and testicles. Upon being questioned by a DHS worker, Melissa Landis-Maynard could not identify a specific incident that corresponded to the injuries. She told the worker that T.N. fell a lot, sometimes hit himself with his toys, and may have been scratched by the family dog. DHS placed a seventy-two-hour hold on T.N. and obtained emergency custody of him on September 21, 2009. A probable-cause order was entered several days later, maintaining custody with DHS.

At a November 6, 2009 hearing, the circuit court adjudicated T.N. dependent-neglected due to physical abuse by “the father,” meaning the stepfather, Patrick Maynard. The court established a goal of reunification and ordered the mother to accomplish various tasks, including attending and completing parenting-without-violence classes; attending and completing a drug-and-alcohol assessment and complying with recommendations; attending and completing a psychological evaluation and complying with recommendations; and obtaining and maintaining appropriate housing, income, and transportation. The court also ordered that Patrick Maynard have no contact with T.N.

Following the adjudication hearing, DHS developed a case plan, which provided, in part, that the mother should have no contact with Patrick Maynard. The plan also declared an intention to refer Tommy Niccum for DNA testing and, if paternity could be established, |sto have Niccum complete parenting classes; undergo a drug-and-alcohol assessment and a psychological evaluation; maintain stable housing, income, and transportation; and visit T.N. regularly. Subsequent genetic testing established Niccum’s paternity, and the court declared Niccum to be T.N.’s father following an April 9, 2010 review hearing. The court also continued the goal of reunification with the mother and granted Nic-cum visitation upon completing parenting classes, with the proviso that visitation would not occur if Niccum were intoxicated.1

On May 26, 2010, Niccum attended a DHS staffing and signed the case plan. By the time of a September 13, 2010 permanency-planning hearing, however, Nic-cum had not completed parenting classes, had not submitted to a psychological evaluation or drug-and-alcohol assessment, and was living in unstable housing with his mother. Similarly, Melissa Landis-May-nard had failed to comply with virtually all aspects of the case plan and court orders, and she continued to reside with Patrick Maynard. The court changed the goal of the case to termination of parental rights and adoption. The order recited that DHS provided several services during the case and made reasonable efforts to achieve a goal of permanency.

In the ensuing months, Niccum completed parenting classes and submitted to a psychological evaluation, completing it a few weeks before the January 2011 termination hearing. Niccum did not attend a drug-and-alcohol assessment, despite having received a referral from DHS in August 2010.

|4The termination hearing was held on January 24, 2011. Landis-Maynard testified that she had no funds and owed money for utility bills and a traffic fine. She also stated that she had not completed parenting-without-violenee classes and that she had recently given birth to a child with Patrick Maynard. She said that she had seen Maynard just two or three weeks before the hearing and that she was aware that Maynard had been arrested for neglecting or harming another child. She acknowledged that, during her pregnancy, she made two police reports against Maynard for inflicting physical abuse on her. She did not, however, believe that Maynard had abused T.N.

Niccum, who was seventeen at the time of the hearing, testified that he lived with his mother and her boyfriend and that he had stopped attending high school after the tenth grade in order to enroll at a day treatment center. He completed his time at the center in May 2010 but did not attend school or take GED classes thereafter. He testified that his high school would not let him return because he did not have an original copy of his birth certificate. On the Monday before the hearing, he began working at a pizza parlor. Niccum stated that he planned to get a driver’s license when he turned eighteen.

Niccum explained that he had not attended the drug-and-alcohol assessment for which he received the referral because it was too far from his home. He denied drinking alcohol and said that several empty alcohol bottles, which a DHS worker observed in his room, came from a friend’s house and were there for decoration.

DHS caseworker Robbie McKay testified that she had observed Melissa Lan-dis-Maynard with injuries to her face and neck during the case and with a black eye as recently |Bas a month and a half before the hearing. McKay also said that she had offered to provide transportation to Niccum to attend the drug-and-alcohol assessment but received no response. She additionally questioned Niccum’s claim that he had not returned to school for want of a birth certificate. She testified that he was still enrolled in school while at the day treatment center and that she knew of no requirement that he re-present his birth certificate. McKay stated further that Niccum’s home was not appropriate for T.N. because there were alcohol bottles on Niccum’s couch and dresser, a knife on the floor, tools lying around, and an air-gun on the couch. Finally, McKay testified that T.N.’s foster parents had expressed an interest in adopting him and that she saw no impediments to the adoption.

Niccum’s mother, Stacy Lynn Schwennly, agreed that her home was not currently appropriate for a child but said that things could be fixed up rather quickly. She testified that Niccum saw T.N. often before the child went into DHS custody and that Niccum bathed and fed the child. On cross-examination, Schwennly admitted that Niccum and her boyfriend had gotten into an altercation that resulted in the boyfriend going to jail for threatening to shoot Niccum.

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Bluebook (online)
386 S.W.3d 641, 2011 Ark. App. 673, 2011 WL 5387513, 2011 Ark. App. LEXIS 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landis-maynard-v-arkansas-department-of-human-services-arkctapp-2011.