Lee v. Arkansas Department of Human Services

285 S.W.3d 277, 102 Ark. App. 337, 2008 Ark. App. LEXIS 420
CourtCourt of Appeals of Arkansas
DecidedMay 28, 2008
DocketCA 07-1270
StatusPublished
Cited by74 cases

This text of 285 S.W.3d 277 (Lee 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
Lee v. Arkansas Department of Human Services, 285 S.W.3d 277, 102 Ark. App. 337, 2008 Ark. App. LEXIS 420 (Ark. Ct. App. 2008).

Opinions

Larry D. Vaught, Judge.

Appellants Krystal Lee and Allied Lee appeal from an order of the Pulaski County Circuit Court terminating their parental rights to their thirteen-year-old daughter S.L. and to their fourteen-year-old son M.L. They argue that the circuit court erred in finding that there was sufficient evidence to support the termination of their parental rights, both as to grounds for the termination and that the termination is in the children’s best interests. We affirm.

On March 11, 2006, the Department of Human Services (DHS) investigated a report that Father was using various illegal drugs, including methamphetamine, marijuana, and cocaine. In addition, Father had forced Mother and the children out of the home by threatening her. Father was verbally abusive toward the children in the presence of the police and a DHS worker. Because both children were terrified of returning home and Mother continued to deny Father’s threat toward M.L., DHS placed a seventy-two-hour hold on both children. There was no prior history of involvement by DHS with this family.

On March 14, 2006, a petition for emergency custody was filed. That same date, an emergency order placed custody of the children with DHS. On April 13, 2006, a hearing was held where the circuit court found probable cause for entry of the emergency order.

After an adjudication hearing on April 25, 2006, the court found that both children were dependent-neglected. Specifically, the court found that the children had been subjected to aggravated circumstances because Father was a chronic drug user who battered Mother repeatedly in front of the children, pulled the children’s hair, and subjected them to emotional abuse. The court found that Mother failed to protect the children from Father’s abuse and that the children had been subjected to extreme or repeated cruelty. Even so, the goal of the case was reunification. The parents were ordered to submit to psychological evaluations and follow the therapist’s recommendations, attend parenting classes, submit to drug screens, and attend marital therapy. Father was ordered to submit to a drug-and-alcohol assessment, attend anger-management sessions, and refrain from possessing firearms; Mother was ordered to attend domestic-battery counseling. Supervised visitation was ordered for Mother only, but Father was not to have contact with the children except in the context of therapy.

On August 29, 2006, a review hearing was held. The court found that Mother did not start participating until a month earlier when Father went to jail on federal drug and firearm charges. The court authorized Mother’s visitation with the children to be increased as recommended by the children’s therapist. The goal continued to be reunification.

On January 23, 2007, a permanency-planning hearing was held. The court changed the goal to termination of parental rights. The court found that Father had made the decision not to comply with the court’s orders and that Mother had done little, if anything, to distance herself from Father. Additionally, the court found that Mother had been burdening the children with her own “emotional baggage” in that she attempted to present the children with t-shirts similar to one she wore to the hearing that had pictures of the children and a caption that read “Kidjacked by the Dept, of Hell and Human Suffering.” The court further found that, while Mother had substantially complied with the court’s orders, it was not sufficient to return the children. Mother was noted to have been diagnosed with dependent- personality disorder.

On April 24, 2007, a termination-of-parental-rights hearing that had been set for that date was postponed because Father was being held for an evaluation in the pending criminal case. Instead, a permanency-planning hearing was held. The court found that there had been little, if any, progress since the previous hearing.

On July 17, 2007, the termination-of-parental-rights hearing was again postponed because Father was unavailable for the hearing and because Mother’s attorney had been granted permission to withdraw from this case over an irrevocable breach of the attorney-client relationship.

On August 24, 2007, the termination-of-parental-rights hearing took place. Dr. Paul Deyoub, a forensic psychologist, testified that he conducted a psychological evaluation of Mother, with a diagnosis of dependent personality disorder. He also noted that Mother had a borderline IQ. According to Dr. Deyoub, this causes Mother to be unable to recognize the dysfunctional aspect of her relationship with Father and to expose the children to that dysfunction by not getting out of the relationship. He asserted that Mother’s denials of abuse were not credible. This was a result of her failure, because of her personality disorder, to recognize the abuse. Dr. Deyoub recommended that Mother be required to end the marriage before the court considered returning the children to her. He added that the addicted husband that Mother described had no hope of being brought into compliance, especially in the short term.

Dr. Deyoub said that Mother, because she minimized Father’s behavior, believed that the children were removed without justification. He also said that Mother somewhat blamed the children and other members of the family for the chaos in their lives, adding that Mother believed that the children were saying things to DHS that were not true. On examination by the court, Dr. Deyoub described Mother as still being dependent upon Father despite his incarceration because she was being loyal to him and not moving forward. He opined that Mother feared separation from Father and that Father’s mental abuse went hand-in-hand with her personality disorder.

The court asked what inferences could be drawn from Mother’s wearing the t-shirt to the hearing. Dr. Deyoub replied that such action was self-defeating and diminished the likelihood that Mother would be able to correct her deficiencies. He added that it undermined the children and showed that Mother was not responding to treatment. Dr. Deyoub stated that Mother’s continued telephone contact with Father indicated that she was not appreciating the issue or interested in complying with the case.

Larry Starr, the therapist for both children before S.L. was assigned to a female therapist, testified that both children had adjustment issues with M.L. also having anger issues. He said that the children were emotionally healthy, considering what they had been through, and that this was a reflection of the maternal grandparents with whom they had been living since their removal from their parents. He added that there were also boundary issues to be addressed because Mother’s conversations with the children had been inappropriate at times. He gave as an example that Mother told M.L. that the grandparents were serving as foster parents for the children only because DHS was paying them. Starr said that Mother’s attitude in making the statement was a barrier to reunification. He agreed with Dr. Deyoub that Mother was incapable of putting her children first by terminating her marriage. Starr said he believed that Mother wanted to reconnect with Father at some point in the future. He related that, when asked about choosing between her children and Father, she said it would depend upon whether Father had changed.

Starr indicated that there were considerations of terminating Mother’s visitation because of the boundary issues.

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

Related

Ashley Gentry v. Arkansas Department of Human Services and Minor Children
2025 Ark. App. 509 (Court of Appeals of Arkansas, 2025)
Angela Norris v. Arkansas Department of Human Services and Minor Children
2025 Ark. App. 7 (Court of Appeals of Arkansas, 2025)
Heather Kelley v. Arkansas Department of Human Services and Minor Child
2024 Ark. App. 475 (Court of Appeals of Arkansas, 2024)
Bernice Coston v. Arkansas Department of Human Services and Minor Child
2024 Ark. App. 413 (Court of Appeals of Arkansas, 2024)
Teresa Baird v. Arkansas Department of Human Services and Minor Children
2023 Ark. App. 129 (Court of Appeals of Arkansas, 2023)
Devin Campbell v. Arkansas Department of Human Services and Minor Child
2023 Ark. App. 37 (Court of Appeals of Arkansas, 2023)
Leraye Atwood v. Arkansas Department of Human Services and Minor Children
2022 Ark. App. 230 (Court of Appeals of Arkansas, 2022)
Samantha Jones v. Arkansas Department of Human Services and Minor Child
2022 Ark. App. 28 (Court of Appeals of Arkansas, 2022)
Nicholas McVay v. Arkansas Department of Human Services and Minor Children
2021 Ark. App. 328 (Court of Appeals of Arkansas, 2021)
Crystal Fowler v. Arkansas Department of Human Services and Minor Child
2021 Ark. App. 307 (Court of Appeals of Arkansas, 2021)
Kristin Taylor v. Arkansas Department of Human Services and Minor Children
2021 Ark. App. 203 (Court of Appeals of Arkansas, 2021)
Sharon Anderson v. Arkansas Department of Human Services and Minor Children
2020 Ark. App. 401 (Court of Appeals of Arkansas, 2020)
Kristine Shipp v. Arkansas Department of Human Services and Minor Children
2020 Ark. App. 230 (Court of Appeals of Arkansas, 2020)
Arnold v. Ark. Dep't of Human Servs.
2019 Ark. App. 300 (Court of Appeals of Arkansas, 2019)
Hopfner v. Ark. Dep't of Human Servs.
2019 Ark. App. 236 (Court of Appeals of Arkansas, 2019)
Black v. Ark. Dep't of Human Servs.
2018 Ark. App. 518 (Court of Appeals of Arkansas, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
285 S.W.3d 277, 102 Ark. App. 337, 2008 Ark. App. LEXIS 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-arkansas-department-of-human-services-arkctapp-2008.