Lewis v. Arkansas Department of Human Services

217 S.W.3d 788, 364 Ark. 243
CourtSupreme Court of Arkansas
DecidedNovember 17, 2005
Docket05-252
StatusPublished
Cited by55 cases

This text of 217 S.W.3d 788 (Lewis 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
Lewis v. Arkansas Department of Human Services, 217 S.W.3d 788, 364 Ark. 243 (Ark. 2005).

Opinion

Jim Gunter, Justice.

This appeal arises from an order of the Clay County Circuit Court, granting a petition filed by appellee, Arkansas Department of Human Services (DHS), to terminate the parental rights of appellant, Randel Lewis, the father of four minor children, in a dependent-neglect action. Appellant’s counsel, Val Price, has filed a motion to withdraw and a no-merit brief, pursuant to Linker-Flores v. Arkansas Dep’t of Human Servs., 359 Ark. 131, 194 S.W.3d 739 (2004), and Ark. Sup. Ct. R. 4-3(j)(1). DHS did not file a brief in response. We affirm the circuit court’s termination of appellant’s parental rights.

In November 2000, DHS opened a protective-services case on appellant’s family, including appellant, his wife, Christina, and his three children, A.L., J.L., and A.L., due to environmental neglect and unsanitary living conditions. The three children were ages four and under. When a DHS family-services worker visited the home, scissors and straight pins were found on the floor. Dirty dishes, dirty laundry, and trash were found throughout the house. The nine-month-old child was still sleeping in a bassinet, and the family-services worker had never seen the nine-month-old infant out of the swing or a bassinet. A knife was also found in the yard.

On July 26, 2001, DHS filed a dependency-neglect action because of the deplorable conditions of appellant’s home. After a probable-cause hearing was held on August 31, 2001, the circuit court allowed the children to remain in appellant’s custody and ordered parenting classes and DHS services. On January 9, 2002, a review of the matter was held, and DHS sought custody of the children. The court appointed an attorney ad litem and allowed DHS to amend its petition to include appellant’s newborn child, C.L.

On February 7, 2002, an adjudication hearing was held. Lori Hoggard, a DHS family-services worker, testified that the home was much cleaner at that time. Angela Bradshaw, a speech therapist for the children, testified that she had seen a difference in appellant’s children after they were involved in therapy programs. Christina Lewis, appellant’s wife, testified that she tried to maintain the home, and that she did not need any further services from DHS. The circuit court ordered that the children remain in the parents’ custody, and DHS was ordered to continue its services. The circuit court ordered an adjudication of dependency-neglect with regard to the youngest child, C.L., for environmental neglect.

In July 2002, all of the children were removed from the home. A probable-cause hearing was held on July 26, 2002, on a petition alleging medical neglect. John Bradshaw, a family-service specialist with DHS, testified that he conducted three child-maltreatment investigations concerning appellant. The first investigation involved environmental neglect, and the second investigation was instigated because appellant was arrested for driving while intoxicated while the children were in the vehicle. The third investigation involved allegations of medical neglect because appellant and his wife did not administer antibiotics for appellant’s child, A.L. Mr. Bradshaw testified A.L. had a foot infection that resulted from a toothpick being inside the child’s foot for an extended period of six weeks. The antibiotic medication, IV pole, pump, and equipment were found unused in the home. Mr. Bradshaw stated that the children were placed in foster care on July 10, 2002. He further testified that appellant’s wife left the home to stay with friends in Paragould.

Ms. Hoggard testified that A.L. was seen by an emergency room doctor after he stepped on the toothpick. According to Ms. Hoggard’s testimony, Christina Lewis objected to surgery, but agreed to physical therapy. A.L. was never taken to physical therapy, and the infection in A.L.’s foot caused bone loss. Appellant was incarcerated at the time of the probable-cause hearing because of his DWI charge. The circuit court found that probable cause existed for the emergency order to remain in effect, and ordered that the children remain in foster care. The court ordered appellant and Christina Lewis to maintain a clean house, stable employment, and drug and alcohol treatment.

An adjudication hearing was held on September 12, 2002. DHS recommended that the children remain in foster care with the agency’s discretion to place the children with the paternal grandparents once the foster-care training was completed. The parties agreed to the adjudication. A review hearing was then held on February 24, 2003. DHS recommended that the children remain in foster care, that Christina begin parenting classes, and that appellant complete a multiple offender’s class. The circuit court ordered appellant to pay child support of $120.00 per week and Mrs. Lewis to pay $50.00 per week in child support. The goal was reunification with a parent.

On June 27, 2003, a permanency-planning hearing was held. The circuit court returned all four children to appellant’s care for a thirty-day trial placement. The protective-services case remained open, and DHS was relieved of providing services to Mrs. Lewis. A six-month review was held on February 20, 2004, and a hearing was held on a motion for change of custody filed by DHS. Appellant wished to relinquish responsibility of the children, and the four children were returned to the custody of DHS. The two oldest children were placed in foster care with the paternal grandfather.

Another permanency-planning hearing was conducted on May 18, 2004. The court ruled that Christina Lewis made no progress toward reunification with the children, as she voluntarily moved to Illinois with her boyfriend and a new child. The court heard testimony from appellant that he had remained sober, gained employment, and acquired a one-bedroom apartment. The circuit court authorized the case plan to be changed to permanent relative placement with termination of parental rights.

On July 20, 2004, a termination hearing was held. On that same day, Christina Lewis filed a consent to the termination of her parental rights, and that consent has not been withdrawn. After the termination hearing, the court terminated appellant’s parental rights. On September 10, 2004, the circuit court entered an order terminating appellant’s parental rights and granting DHS the power to consent to adoption. Appellant timely filed his notice of appeal on September 16, 2004. On April 26, 2005, appellant’s attorney filed a motion to be relieved as counsel and a no-merit brief.

This case was certified to us from the court of appeals, pursuant to Ark. Sup. Ct. R. l-2(b)(3), as this case presents a significant issue that needs clarification under the law. The certification issue is whether appellant’s counsel in a no-merit brief must address adverse rulings in all the hearings or solely in the termination hearing. In Linker-Flores v. Arkansas Dep’t of Human Servs., 359 Ark. 131, 194 S.W.3d 739 (2004), we considered for the first time whether counsel representing a parent in a termination proceeding should be required to file a no-merit brief required by an attorney representing a criminal defendant in Linker-Flores, supra, where there appears to be no meritorious grounds for appeal. We held:

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217 S.W.3d 788, 364 Ark. 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-arkansas-department-of-human-services-ark-2005.