Mann v. Arkansas Department of Human Services

415 S.W.3d 45, 2012 Ark. App. 352, 2012 WL 1702085, 2012 Ark. App. LEXIS 463
CourtCourt of Appeals of Arkansas
DecidedMay 16, 2012
DocketNo. CA 12-12
StatusPublished
Cited by3 cases

This text of 415 S.W.3d 45 (Mann 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
Mann v. Arkansas Department of Human Services, 415 S.W.3d 45, 2012 Ark. App. 352, 2012 WL 1702085, 2012 Ark. App. LEXIS 463 (Ark. Ct. App. 2012).

Opinion

CLIFF HOOFMAN, Judge.

11AppeIlant Jimmy Mann appeals from the order of the Mississippi County Circuit Court denying his petition to intervene in the dependency-neglect case involving his great-niece and great-nephew, A.D. and J.N., subsequent to the termination of the parental rights of the children’s parents. Mann argues on appeal that the trial court abused its discretion in denying his petition. We find no abuse of discretion and affirm.

This case began on February 11, 2010, when the Arkansas Department of Human Services (DHS) placed an emergency hold on five-year-old A.D. and four-year-old J.N., along with their half-brother, R.N., after R.N. was born with amphetamines in his system.1 The affidavit attached to the emergency petition stated that the children’s mother, Amber, also tested positive for amphetamines and that the family had been living with the children’s |2maternal grandmother, Teresa Doss, who is Mann’s sister, as well as the children’s stepgrand-father, Everette Doss, and two of the Dosses’ other children. When the children were removed, neither child was enrolled in school, J.N. was still wearing diapers, and A.D. still used a pacifier. The children were also so infested with head lice that A.D. had sores on her head and J.N. had to have his head shaved. According to the affidavit, the decision was made not to leave the children in the home after discovering that Doss had previously tested positive for amphetamines during a prior investigation in September 2009; that Doss had been charged with endangering the welfare of a minor in January 2010, when her seventeen-year-old son violated curfew; that there were two prior reports of neglect on the family that were either inactive or unsubstantiated; and that there were two prior true reports of sexual abuse of Amber by her stepuncle and putative father of A.D. and J.N., Michael Doss, while he lived in the home. Due to these allegations involving physical abuse and inadequate supervision, the affidavit stated that the children’s health and safety were in danger and that they should remain in the custody of DHS.

The parents stipulated to a finding that the children were dependent-neglected in an order entered on March 25, 2010. The initial goal of the case was reunification with Amber, and visitation with the children was provided to both Amber and the Dosses. At the June 2010 review hearing, the trial court noted that an allegation had arisen by J.N. that he had been sexually abused by his uncle James while living in the Dosses’ home. Results of a home study on the children’s great-grandparents, Bonnie and William Mann, was also entered into evidence, but DHS recommended that the placement be denied because the worker could |snot verify who exactly resided in the home. There was also evidence that Amber and the Dosses had all failed drug tests administered prior to a recent visitation.

DHS filed a motion to terminate reunification services on June 8, 2010. This motion was granted by an order entered on September 15, 2010, after the trial court found that the children had been subjected to aggravated circumstances by Amber. The court also changed the goal of the case to adoption at that time, with a concurrent goal of permanent custody apparently related to R.N. On November 24, 2010, an order terminating parental rights was entered, and DHS was authorized to consent to adoption. Bonnie Mann continued to attend visitations with the children following the termination order until they were stopped in May 2011.

On June 2, 2011, appellant Jimmy Mann filed a petition to intervene, alleging that he was A.D.’s and J.N.’s great-uncle and that he desired to adopt them. Petitions for adoption and for appointment of guardian were also filed by Mann. The trial court ordered an adoptive home study on Mann, and both CASA and DHS prepared reports for the September 2011 hearing on the petition to intervene. According to the CASA home study, although there were a couple of potential safety issues in the home, the primary concern was Mann’s statement that he did not see anything wrong with the environment the children were in prior to removal. Mann also stated that he had never raised any children but that he had spent a lot of time with A.D. and J.N. at his sister’s home when they lived there. He acknowledged that the children had never been to his home. The home study stated that, during an interview, the children indicated that they did not want to live with Mann. The CASA 14report concluded that custody should not be given to Mann, due to the concern that this would place the children back into the same environment with the extended family from whom they were originally removed.

The DHS home study on Mann stated that he had decided to pursue placement of A.D. and J.N. once it was determined that they were not going to be able to return to their mother in 2010. Mann lived alone in a three-bedroom home and had already prepared rooms for the children. He indicated that he would seek assistance from his family to care for the children if necessary. The home study concluded that Mann had a stable home and employment and that he could provide a good home environment for the children. Although the DHS study noted that he would not be approved as a regular foster parent due to his home’s layout, Mann was approved for the placement of these particular children as his relatives.

Mann testified at the hearing that he owned his own home and that he was financially able to care for the children. He also stated that it was important that the children grow up around their family members who lived nearby. When asked why he had not had a home study completed prior to that time, Mann claimed that he had asked for one on several occasions but that the paperwork had been misplaced by DHS and the adoption agency. According to Mann, it was not until he retained an attorney that he finally obtained a home study. Mann stated that he had spent time with the children in the past at his sister’s home but that he did not notice the head lice or other issues. He denied that the children would be in the same environment if they were placed with him, although he admitted that he | ¿would ask for help from his sister and other family members if needed. He stated that his sister, Teresa, lived only a couple of miles away. Teresa also testified and stated that DHS had been uncooperative in performing home studies on her family and in allowing visitation. She agreed that she would help her brother with the children if he asked.

Dorothy Erby, the CASA volunteer, testified that the children were currently in separate foster homes because J.N. had some recent behavioral problems that were too much for his previous foster parents. Erby stated that J.N. was now doing very well, although he missed his sister, whom he saw each day at school. Although Erby could not remember the last date of visitation between the children and Mann, she indicated that it had “been a while.” She testified that she did not recommend that Mann be considered for adoption because of his lack of concern about the children’s previous home environment. She noted that the sexual-abuse allegation by J.N. had been found true, and she was worried that Mann would not protect them from that environment in the future, especially considering his testimony that he would be willing to seek assistance from his family. Although Erby testified that the current foster parents had both expressed interest in adopting one of the children, she recommended that the children be placed together.

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Related

Stricklin v. Arkansas Department of Human Services
2017 Ark. App. 441 (Court of Appeals of Arkansas, 2017)
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2015 Ark. App. 675 (Court of Appeals of Arkansas, 2015)

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Bluebook (online)
415 S.W.3d 45, 2012 Ark. App. 352, 2012 WL 1702085, 2012 Ark. App. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mann-v-arkansas-department-of-human-services-arkctapp-2012.