McKinley v. Arkansas Department of Human Services

2015 Ark. App. 475, 471 S.W.3d 209, 2015 Ark. App. LEXIS 559
CourtCourt of Appeals of Arkansas
DecidedSeptember 16, 2015
DocketCV-15-280
StatusPublished
Cited by3 cases

This text of 2015 Ark. App. 475 (McKinley 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
McKinley v. Arkansas Department of Human Services, 2015 Ark. App. 475, 471 S.W.3d 209, 2015 Ark. App. LEXIS 559 (Ark. Ct. App. 2015).

Opinion

BRANDON J. HARRISON, Judge

| xTrevor McKinley appeals the termination of his parental rights as to two of his children: six-year-old A.M. and four-year-old E.M. McKinley argues that the circuit court erred as a matter of law in relying on a prior proceeding to find aggravated circumstances in the present case. We affirm.

In May 2014, the Department of Human Services (DHS) exercised a seventy-two-hour hold on four of McKinley’s children: A.M. (then four years old), E.M. (then two years old), R.M. (then sixteen years old), and S.M. (then seventeen years old). The affidavit attached to DHS’s petition for emergency custody explained that the Benton l2County Sheriffs Department contacted DHS after Tammy and Mike Kirkpatrick, the parents of R.M.’s boyfriend, had contacted police to report that McKinley was impaired. McKinley was on his way to pick up R.M. at the Kirkpatricks’ home, but after he had been told that the police would be there, he did not go to their house. Police officers visited the McKinley home and found pill bottles without labels and pills without bottles, both of which were alleged parole violations for McKinley. McKinley was present and was “high as a kite.” Camille Williams, the family services worker, spoke with Amanda McKinley, the children’s mother, who was “emotionally distraught,” “confused,” and “may have been impaired by substance abuse.” 1 Due to inadequate supervision, DHS took the children into custody. The affidavit also noted DHS’s prior history with the family, explaining that the children had been taken into DHS custody in December 2010 due to “Medical, Environmental and Educational neglect in addition to Mental Injury.” At that time, DHS offered a multitude of services to the. family, including drug screenings, transportation, medical services, visitations, home visits, parenting-education referral, counseling referral, and child-care referral.

An ex parte order for emergency custody was entered on May 9, and after a hearing on May 13, the circuit court entered a probable-cause order finding that return of the children to the custody of the parents was contrary to the children’s welfare and that'they should remain in the care and custody of DHS. The order noted that the case was | ¡/‘continued to July 15, 2014, at 1:15 p.m., for an Adjudication Hearing and Termination of Parental Rights. Good cause is found for exceeding 30 days.”

At a review hearing held June 24, both parents tested positive for several prescription drugs and methamphetamine. McKinley also tested positive for marijuana. Based on these test results and the testimony presented, the court suspended visitation with the children and ordered that the parents have no contact with the children. The court enjoined both parents from leaving the courthouse until 4:00 p.m., at which time Amanda would be allowed to drive if she could pass a field-sobriety test. McKinley was prohibited from driving a vehicle until further notice. The court ordered both parents to (1) provide documentation of all prescriptions, including when prescribed, why prescribed, and how many prescribed; (2) comply with pill counts conducted by DHS; and (3) “go to an inpatient drug treatment facility on this date and seek an immediate assessment as to whether they need to enter inpatient drug treatment.”

On July 15, the court adjudicated the children dependent-neglected based on stipulation of the parties and found that the parents had “inadequately supervised the juveniles due to substance abuse.” The case goal was set as reunification, but the court ordered no visits or contact with the children until the parents completed a substance-abuse assessment. The order also noted that a termination-of-parental-rights (TPR) hearing was scheduled for September 16.

On July 31, the children’s ad litem filed a motion for no-reunification services with regard to S.M. and R.M., stating that R.M. did not wish to reunify with her parents and that S.M, would turn eighteen in October 2014 and wished to remain in foster care until Rthat time. The motion asserted that the children had been subjected to aggravated circumstances in that there was,little likelihood that services to the family would result in successful reunification. The motion noted the services previously offered to the family and stated that the parents had “failed to maintain sobriety and stability, despite services in excess of twelve (12) months previously.”

Also on July 31, DHS filed a motion for termination of parental rights with regard to AM. -and E.M. DHS asserted that the children had been subjected to aggravated circumstances in that there was little likelihood that services to the family would result in successful reunification. As factual support, DHS cited the following: (1) the parents have continued to abuse drugs subsequent to the most recent removal of the juveniles and, despite provided referrals, have failed to use those services; (2) the juveniles were removed previously in 2010 due to mental injury and medical, environmental, and educational neglect, and the parents were provided a number of services, which resulted in the children being returned to parents. DHS also noted the following Child Abuse Hotline referrals: -

Referral # 1502927:
The ADHS found true on Trevor McKinley for punching [T.M.] in the face with a closed fist on or about November 6, 2010_ He admitted that he did this to [T.M.], his daughter, who was a juvenile at the time. [T.M.] is a sibling to the juveniles presently before the Court.
Referral # 1554780:
The ADHS found true on Trevor McKinley and Amanda McKinley for Inadequate Supervision, Medical Neglect, Environmental Neglect, Educational Neglect, and Mental Injury regarding [R.M.], [S.M.], [A.M.], and [E.M.] on or about November 18, 2011. Trevor McKinley removed [R.M.] from mental health treatment against medical advice. [R.M.] was self-harming at the time. [S.M.] and [R.M.] missed significant amounts' of school at the time because they were kept at home to care for the younger ^siblings. At the home, the parents were asleep with [E.M.], age 3 months, propped up in front of the television with a blanket in her mouth. [A.M.] was in a dirty shirt with no diaper and no pants. [A.M.] was dirty. The ‘home had a foul odor. The neona-tologist for [E.M.] was unable to continue to • advance the juvenile’s medical treatment due to the parents’ lack of care. This investigation resulted in the removal of the children into foster care.
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Referral # 1689416: ■
The ADHS found true for inadequate supervision' on Trevor and Amanda McKinley regarding [E.M.] and [A.M.] on or about May 8, 2014. The parents were visibly intoxicated and in possession of numerous pills and drugs that were not properly stored or labeled. [A.M.] and [E.M.] were found in a room of the house that was cluttered with food and clothing. The home was unkempt. The children were similarly unclean. This report resulted in the current episode of removal[.]

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Bluebook (online)
2015 Ark. App. 475, 471 S.W.3d 209, 2015 Ark. App. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinley-v-arkansas-department-of-human-services-arkctapp-2015.