Loveday v. Arkansas Department of Human Services

2014 Ark. App. 282, 435 S.W.3d 504, 2014 WL 1815693, 2014 Ark. App. LEXIS 340
CourtCourt of Appeals of Arkansas
DecidedMay 7, 2014
DocketCV-14-23
StatusPublished
Cited by8 cases

This text of 2014 Ark. App. 282 (Loveday 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
Loveday v. Arkansas Department of Human Services, 2014 Ark. App. 282, 435 S.W.3d 504, 2014 WL 1815693, 2014 Ark. App. LEXIS 340 (Ark. Ct. App. 2014).

Opinion

BRANDON J. HARRISON, Judge.

11 Tracy Sullivan Loveday appeals the termination of her parental rights to three of her children, M.S., A.L., and K.L. 1 She challenges both the statutory grounds for termination and the circuit court’s best-interest finding. We affirm.

On 24 May 2012, the Arkansas State Police Crimes Against Children Division received a report of child maltreatment involving eight-year-old M.S. The report indicated that M.S.’s father, Steven Sullivan, was sexually molesting her and that Sullivan and M.S.’s mother, Loveday, were selling drugs out of their home. Sullivan had recently been in prison for DUI and had been on parole for less than a year. Loveday was on probation for drug charges.

A family service worker interviewed M.S., who reported that her father had been ^sexually abusing her “since before he went to prison” and that her mother had known about the abuse for the past two weeks. Loveday admitted that she had recently been using methamphetamine and had failed a drug screen for THC, meth, and benzodiazepine. Loveday acknowledged that she had learned of her daughter’s abuse about two weeks before the interview but had stayed with Sullivan while trying to “get a plan.” Loveday admitted she was homeless and could not stay at a shelter because of her drug use.

The Department of Human Services (DHS) exercised a seventy-two-hour hold on M.S. and one-year-old twin siblings, A.L. and K.L., on 25 May 2012. On 30 May 2012, DHS petitioned the Lonoke County Circuit Court for emergency custody and a finding of dependency-neglect. The court granted the motion for emergency custody and, in an order dated 26 June 2012, adjudicated the children dependent-neglected. The order noted that DHS had previously been involved with the family and that there had been seven total reports on the family including one true report for substance misuse in 2005. The case goal was reunification with Love-day, and she was granted visitation conditioned upon passing a drug test.

A review hearing in August 2012 revealed that Loveday had completed her drug-and-alcohol assessment and was attending meetings at Little Rock Outreach. The review order also noted that Loveday was submitting to random drugs screens, had failed a drug screen on August 2, and had plans to begin parenting classes. Another review hearing, held in January 2013, noted that Loveday had completed a psychological evaluation but had not completed the twelve hours of relapse prevention recommended as part of her drug- and-alcohol | .^assessment. The order noted that Loveday was living in Pulaski County and reported that she was attending NA/AA meetings, although she had not provided proof of that attendance. The order also stated that Loveday had not contacted DHS since the beginning of December and that her visitation with the children was suspended. And finally, at a permanency-planning hearing held in May 2013, the court found that Loveday had not visited the children or completed any services since December 2012.

On 7 June 2013, DHS and the children’s attorney ad litem filed a joint petition for termination of parental rights. The petition alleged three grounds: (1) the juveniles have been adjudicated by the court to be dependent-neglected and have continued to be out of the custody of the parents for twelve months, and despite meaningful efforts by DHS to rehabilitate the parents and correct the conditions that caused removal, those conditions have not been remedied; (2) other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that demonstrate that return of the juveniles to the custody of the parent is contrary to the juveniles’ health, safety, or welfare and that despite the offer of appropriate family services, the parent has manifested the incapacity or indifference to remedy the subsequent issues or factors; (3) the parent has abandoned the juveniles. Ark. Code Ann. § 9-27-341(b)(3)(B)(i)(a), (iv), and (vii)(a) (Supp.2011).

At the termination hearing, Loveday acknowledged that she was currently incarcerated on a three-year sentence and that she was not sent to prison until almost a year after her children had been taken out of her custody. She stated that she had not actively participated in the case and that she “didn’t want to sacrifice my life for my kids.” She testified that she |4had quit using drugs in October 2012; but she also stopped visiting the children because she was “on the run from the law.” She also testified that she had now “given her life over to God” and had no desire to do drugs. Loveday said that she expected to be released from prison early due to overcrowding and planned to get a job and a place to live, report to her parole officer, and follow the case plan. She expressed a desire to reunite with the children once she was released but acknowledged that it would take a minimum of six months to establish an adequate amount of stability.

Kristine Phillips, a family service worker who was the original caseworker on this case, testified that, in the beginning, Love-day was somewhat compliant with the case plan, but that drugs were an ongoing issue throughout the case, and after a certain point Loveday quit participating altogether. Leeisha Williams, another family service worker, testified that she was assigned to the case in April 2013. At that time, she explained, Loveday had been out of contact with DHS for six months; and since that time Loveday had not visited the children or called to check on them. Williams agreed that, from DHS’s perspective, nothing else could be done to bring the parents into compliance and that giving more time to them would not be beneficial. She also agreed that Loveday had not shown a “genuine sustainable investment in complying with the case plan goals or court orders.”

The foster mothers for both M.S. and the twins (who were placed together in a foster home) testified that the children were doing well and that they were willing to keep the children permanently. Finally, Kathleen Armstrong, a DHS adoption specialist, testified that she did not see any factors that would prohibit the adoption of the children.

1 sAfter hearing arguments from counsel, the court ruled that it was terminating Loveday’s parental rights. The written order, entered on 8 October 2013, explained that Loveday’s rights were terminated based on the following:

a. [Loveday] has failed to participate in this case nor has she been compliant with the terms of the case plan or the orders of this court and has not remedied the conditions which caused removal. [M.S.], [A.L.], and [K.L.] have remained out of the home of their parents in excess of 12 months and the grounds pertaining to 9-27-341(b)(3)(B)(i)(a) wherein the juvenile has been adjudicated by the court to be dependent-neglected and has continued out of the custody of the parents for twelve months and despite meaningful efforts by the department to rehabilitate the parents and correct the conditions that caused removal, those conditions have not been remedied by [Loveday].
b. Under Ark.Code Ann. § 9-27-341(b)(3)(B)(viii) The parent is sentenced in a criminal proceeding for a period of time that would constitute a substantial period of the juveniles’ life.... [Love-day] is sentenced to 36 months.
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Cite This Page — Counsel Stack

Bluebook (online)
2014 Ark. App. 282, 435 S.W.3d 504, 2014 WL 1815693, 2014 Ark. App. LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loveday-v-arkansas-department-of-human-services-arkctapp-2014.