Lansdell v. Arkansas Department of Human Services

2016 Ark. App. 433, 502 S.W.3d 579, 2016 Ark. App. LEXIS 477
CourtCourt of Appeals of Arkansas
DecidedSeptember 28, 2016
DocketCV-16-401
StatusPublished
Cited by2 cases

This text of 2016 Ark. App. 433 (Lansdell 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
Lansdell v. Arkansas Department of Human Services, 2016 Ark. App. 433, 502 S.W.3d 579, 2016 Ark. App. LEXIS 477 (Ark. Ct. App. 2016).

Opinion

RAYMOND R. ABRAMSON, Judge

| Nikki Lansdell appeals from the permanency-planning order placing permar nent custody of her daughter, T.M., with the child’s paternal grandparents and awarding Nikki visitation. On appeal, Nikki argues that the evidence is insufficient to support the circuit court’s decision to not apply statutory permanency-planning goal one, two, or three from Arkansas Code Annotated section 9-27-338 (Repl. 2015). We affirm.

On February 8, 2015, the Arkansas Department of Human Services (“DHS”) exercised an emergency hold over T.M. after Nikki had been arrested for possession of drug paraphernalia with the intent to manufacture methamphetamine, use of a communication device to facilitate drug activity, criminal use of property, and unlawful entry of contaminated property. 1 The charges were related to an active meth lab at Nikki’s residence. |aNikki lived in the residence with her husband, Vaughn Lans-dell, and T.M. At the time of her arrest, Nikki tested positive for methamphetamine, amphetamines, benzodiazepines, opiates, oxycodone, and marijuana. T.M.’s father, Matthew McCoy, had supervised visitation with T.M. pursuant to a divorce decree.

On February 13, 2015, the court found probable cause for the emergency custody as a result of Nikki’s drug use, her criminal charges, and the domestic violence in the home. The court noted that Nikki was in jail. Upon her release, the court ordered her to participate in individual counseling; refrain from using drugs and alcohol; submit to a drug-and-alcohol assessment; follow the recommendation from the assessment; submit to weekly random drug screens; obtain and maintain stable housing and employment; resolve all criminal charges; and demonstrate the ability to protect T.M. and keep her safe from harm. As a result of the domestic violence, the court also ordered that Vaughn have no contact with T.M. The court placed T.M. with her paternal grandparents, Theresa and Mike McCoy.

On March 6, 2015, the court adjudicated T.M. dependent-neglected. The court noted that Nikki remained in jail but continued its orders from the probable-cause hearing. The court also set the goal of the case as reunification and ordered that Nikki have supervised visitation with T.M. upon her release from jail.

On July 31,2015, the court held a review hearing. The court found that Nikki was in partial compliance with the case. Specifically, the court found that she had not maintained contact with DHS or obtained stable housing. The court further noted that Nikki’s criminal charges were still pending. The court found that Nikki had completed the drug-and-alcohol | ^assessment, had taken parenting classes, and had attended two counseling sessions. The court authorized Vaughn to participate in counseling with T.M. upon approval by the counselor.

On November 6, 2015, the court held a permanency-planning hearing. At the hearing, Antoinette Johnson, the DHS caseworker, recommended that the court permanently place T.M. with her paternal grandparents, Theresa and-Mike McCoy. Johnson testified that T.M. was doing well in the McCoys’ home, and she questioned Nikki’s stability. She recognized that Nikki had an apartment in Fayetteville with her husband Vaughn but feared the residence was only temporary. She explained that Nikki had moved from residence to residence in the past and that her criminal charges were still pending. She also voiced concerns about T.M.’s emotional state and noted that Vaughn had an extensive criminal history that included violent crimes and pending criminal charges.

Theresa McCoy testified that T.M. had acclimated well to her home and that she wanted T.M. to remain there. She noted that T.M. has glaucoma and that she puts eye drops in every night. She explained that T.M. had an appointment with a pediatric ophthalmologist in Little Rock in February to better diagnose the problem. She testified that she had been supervising T.M.’s visits with Nikki and that the visits had gone well. She discussed one occasion where Nikki and her ex-husband had a verbal altercation, 2 but she noted that Nikki had been appropriate in T.M.’s presence. Matthew McCoy, T.M.’s father, testified that he wanted his daughter to live with his parents.

Nikki testified that she wanted T.M. to return to her home. She denied that Vaughn had a history of violence and further denied that he had pending criminal charges. She stated 14that he was on probation for a drug-paraphernalia charge. She stated that T.M. is not afraid of Vaughn and that T.M. wanted to see him. Nikki testified that she is participating in the drug-court program for the charges that led to T.M.’s removal. She also stated that she had a permanent job at Southeast Poultry in Rogers and had been employed there since June 5.

Vaughn testified that he lives with Nikki and also works at Southeast Poultry. He noted that he has a son, W.L., who had been removed from his custody. He stated that he is involved in W.L.’s custody proceedings. He explained that he had been convicted of drug charges in Madison County in October 2015 and that he had received three years’ probation. He also stated that he had been convicted in 2006 for drug charges. Following Vaughn’s testimony, the court continued the case until January 22, 2016, because T.M.’s counsel- or, Diane Shott, could not attend the hearing.

Prior to the second hearing; on January 20, 2016, DHS filed a report again recommending that T.M. be permanently placed with the McCoys. The report noted that since the November 6, 2015 hearing, Nikki had been arrested twice during altercations with Vaughn. Specifically, on November 13, 2015, Nikki and Vaughn had an altercation at work, and on December 31, 2015, they had an altercation in Fayette-ville, The report noted that after Nikki’s release from the Washington County Detention Center on January 1, 2016, officers transported her to Boone County on charges from Alpena City.

The court proceeded with the second portion of the permanency-planning hearing on January 22, 2016. At the second hearing, Johnson again recommended that the court permanently place T.M. with the McCoys. She explained that since the last hearing, Nikki had maintained her job, housing, and sobriety; however, she recommended that T.M. not |fibe placed with Nikki because of her relationship with Vaughn. She explained that Nikki and Vaughn had engaged in violent altercations since the case had been opened and she did not believe that Nikki had demonstrated a genuine investment in T.M. She noted that Nikki had filed for protection orders against Vaughn in the past and had threatened to leave him but she had not followed through.

Diane Shott testified that she had counseled T.M. for several months and that T.M. had made substantial progress. Shé testified that initially, T.M. was very afraid and struggled with behavioral and anger issues. Specifically, Shott noted that T.M, was afraid of Vaughn. Shott was not concerned with Nikki’s having custody of T.M.; however, she was concerned with T.M.’s living with Vaughn. She explained that Vaughn had only participated in the counseling sessions only via telephone. Shott did not offer a recommendation on T.M.’s placement but stated that T.M. should “be in the safest place possible with consistency.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Stephanie Yelvington v. Arkansas Department of Human Services and Minor Child
2019 Ark. App. 337 (Court of Appeals of Arkansas, 2019)
Arazola v. Ark. Dep't of Human Servs. & Minor Child
2019 Ark. App. 109 (Court of Appeals of Arkansas, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
2016 Ark. App. 433, 502 S.W.3d 579, 2016 Ark. App. LEXIS 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lansdell-v-arkansas-department-of-human-services-arkctapp-2016.