L.W. v. Arkansas Department of Human Services

380 S.W.3d 489, 2011 Ark. App. 44, 2011 Ark. App. LEXIS 46
CourtCourt of Appeals of Arkansas
DecidedJanuary 19, 2011
DocketNo. CA 10-890
StatusPublished
Cited by21 cases

This text of 380 S.W.3d 489 (L.W. 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
L.W. v. Arkansas Department of Human Services, 380 S.W.3d 489, 2011 Ark. App. 44, 2011 Ark. App. LEXIS 46 (Ark. Ct. App. 2011).

Opinion

WAYMOND M. BROWN, Judge.

L.W.1 brings this appeal from the order of the Pulaski County Circuit Court terminating her parental rights to her son, L.K.W.2 Appellant argues that there is insufficient evidence to support the circuit court’s findings as to both grounds for termination and whether the termination is in her son’s best interest. We affirm.

The case began in March 2007, when appellant was placed in the custody of the Department of Human Services after she was neglected by her mother. At the age of sixteen and while in foster care, appellant became pregnant and gave birth to her son on January 30, |⅞2009. On that same date, DHS placed an emergency hold on L.K.W., alleging that he was a dependent juvenile because appellant was a minor in the state’s custody. The court entered an order granting the department’s petition for emergency custody. Probable cause was later found for entry of the emergency order.

At the April 28, 2009 adjudication hearing, the court found that L.K.W. was dependent. The goal of the case plan was reunification. Appellant and her son were placed together in foster care. Appellant was ordered to attend school regularly, attend parenting classes and individual counseling, submit to a psychological evaluation and follow the recommendations, and submit to random drug and alcohol screens. The court also noted that, at some point, appellant would be required to obtain and maintain stable employment and housing.

Appellant did not appear at the September 22, 2009 review hearing. The goal of the case plan was changed to termination of appellant’s parental rights due to the fact that appellant ran away from foster care in May 2009. The court found that appellant was not in compliance with the court’s orders. Appellant was also found to have indicated that she did not want the responsibility of raising her son. The order also suggested that appellant may have abandoned L.K.W.

DHS filed its petition seeking the termination of appellant’s parental rights on November 20, 2009. The petition alleged a single ground for termination — that appellant had |sbeen found by a court to have abandoned an infant.3

After a December 22, 2009 hearing, the court found that the goal of the case plan should be reunification and dismissed the petition for termination. The court did not discount the possibility that appellant abandoned her son when she ran from foster care but intended to give appellant a full year to work toward reunification. The court made specific findings that appellant abandoned L.K.W. and subjected him to aggravated circumstances by fleeing from foster care. The court later amended its order to change the goal to termination of appellant’s parental rights and adoption of L.K.W.

DHS filed its second petition seeking the termination of appellant’s parental rights on February 12, 2010. The petition alleged two grounds for termination: the “twelve-month failure to remedy” ground4 and the “aggravated circumstances” ground.5

The case proceeded to a termination hearing that began on March 16, 2010, and was continued on March 22, 2010. Fritzi Hemphill, appellant’s therapist, testified that she received |4a referral from DHS about appellant in early January 2010 and her first session with appellant occurred on March 2, 2010. She said that appellant was actually suspended from school on the day of one of the sessions because of ter-roristic threatening and that appellant had other disciplinary problems at school. She reported that appellant’s cousin and legal guardian, Pamela Hutcherson, was concerned about appellant’s depression and that she assisted Hutcherson with a referral to a mental-health facility for an assessment. According to Hemphill, appellant likely suffered from reactive-attachment disorder, which involves a lengthy treatment that is determined, in large part, by the patient. While Hemp-hill noted that substantial progress could be made within three months, she also noted that there could be significant attachment issues if L.K.W. were raised by appellant.

Hemphill was not certain that appellant’s reactive-attachment disorder had been addressed. She also believed that appellant was in emotional pain stemming from several possible sources, including her present depression or unresolved childhood issues. Hemphill was willing to work on all of these issues with appellant. Although appellant had indicated that she wanted to reunify with L.K.W., Hemphill could not assess appellant’s capacity to parent her child until after appellant had been in therapy for a longer period. The therapist also disagreed with Dr. Paul Deyoub’s recommendation to terminate parental rights because appellant had not had the opportunity to address her disorder with therapy. She also suggested that appellant may benefit from a teen-parenting program.

Dr. Paul Deyoub, a forensic psychologist, testified that he conducted a psychological Revaluation of appellant. His evaluation disclosed concerns about appellant’s ability to parent, including the fact that appellant was still a minor, that she was lower functioning with an IQ of 76, that she was depressed, and that she had disruptive behavior disorder. He also said that appellant was detached from L.K.W. as she had been from her own parent and guardian. Deyoub said that his report recommended that appellant’s parental rights be terminated because he did not see any basis for appellant being able to parent. He added that it might be different if the court wanted to see how appellant matured from ages eighteen to twenty and reassess at that point.

According to Deyoub, his report addressed appellant’s reactive-attachment disorder without calling it that by name. Deyoub explained that part of the reason why he saw such a poor prognosis for appellant was that she had lived in what he called a “laboratory experiment” with L.K.W. where she could see how the foster parent provided for appellant and L.K.W. Appellant’s 76 IQ also complicates her ability to benefit from therapy, according to Deyoub. He said that appellant’s reason for running away from foster care was that she was not comfortable being a parent and just left. As to the prognosis of appellant being able to live independently and care for L.K.W., Deyoub did not foresee that happening in less than two years from the time appellant turned eighteen. He added that if appellant remained in the custody of a stable relative for the next year, that would be an alternative to the termination of appellant’s parental rights, calling it another year of foster care.

DHS caseworker Danyetta Pride testified that the department was recommending that 1 (¡appellant’s parental rights be terminated on the basis that appellant had not fully complied with the court’s orders. According to Pride, appellant was ordered to attend school, take her education seriously, and attend counseling, which she had not done because of her suspensions from school. Pride also called appellant’s failure to abide by her cousin’s rules another problem. When appellant ran away from foster care, the foster parent wanted L.K.W. removed to another home where he could receive all the attention he needed. According to Pride, appellant left foster care in December 2009, when she was placed in the legal custody of her cousin.

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Bluebook (online)
380 S.W.3d 489, 2011 Ark. App. 44, 2011 Ark. App. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lw-v-arkansas-department-of-human-services-arkctapp-2011.