Miller v. Arkansas Department of Human Services

2015 Ark. App. 727, 479 S.W.3d 63, 2015 Ark. App. LEXIS 817
CourtCourt of Appeals of Arkansas
DecidedDecember 16, 2015
DocketCV-15-652
StatusPublished
Cited by1 cases

This text of 2015 Ark. App. 727 (Miller 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
Miller v. Arkansas Department of Human Services, 2015 Ark. App. 727, 479 S.W.3d 63, 2015 Ark. App. LEXIS 817 (Ark. Ct. App. 2015).

Opinion

KENNETH S. HIXSON, Judge ,

| ¶Appellant Amanda Miller appeals from the .termination of her parental rights to her three daughters, A.C., age ten, E.M., age six, and N.M., age two. 1 On appeal, Amanda argues that there was insufficient evidence to support any of the statutory grounds for termination. We affirm.

'We review termination'of parental rights cases de novo. Mitchell v. Ark. Dep’t of Human Sen’s., 2013 Ark. App. 715, 430 S.W.3d 851. At least one statutory ground must exist, in addition to a finding that it is in the child’s best interest to terminate, parental rights; these must be proved by clear and convincing evidence. Ark. Code Ann. § 9-27-341 (Supp. 2015); M.T. v. Ark. Dep’t of Human Sen’s., 58.Ark. App. 302, 952 S.W.2d 177 (1997). |2Clear .and convincing evidence is that degree of proof that will produce in the factfinder' a firm conviction as to the allegation' sought to be established. Anderson v. Douglas, 310 Ark. 633, 839 S.W.2d 196 (1992). The appellate inquiry is whether the trial court’s finding that the disputed fact was proved by clear and convincing evidence is clearly erroneous. J.T. v. Ark. Dep’t of Human Sen’s., 329 Ark. 243, 947 S.W.2d 761 (1997). A finding is clearly erroneous when, although there is evidence to support it. the reviewing court on the entire evidence is left with a definite and firm conviction-that a mistake has been-made. Yarborough v. Ark. Dep’t of Human Sen’s., 96 Ark. App. 247, 240 S.W.3d 626 (2006).

Amanda Miller is married to William Miller, the biological father of the two youngest children and A.C.’s stepfather. On July 30.2014. appellee Department of Human Services (DHS) filed a petition for emergency custody of all three children based on allegations that A.C. had been repeatedly raped by her stepfather. Attached to the petition was an affidavit stating that the Arkansas State Police had received a report from the child abuse hotline, and that investigators subsequently interviewed A.C., E.M., and Amanda. During her interview. A.C. disclosed that William had been having vaginal, anal, and oral sex with her for more than a year. A.C. was able to describe the events in detail, and stated that it happened “all the time.” A.C. indicated that the sexual abuse had occurred in her bedroom, in his bedroom, and in the shed, and that it always happened when her mother was not at home. ,.A.C. stated that she never told her mother about this - because she was afraid that her mother might get mad at her.

| aDuring the interview with E.M,, E.M. stated that she had seen A.C. “eat daddy’s hoo hoo,”. which is what she called his penis. E.M. also told the investigator that she had told her mother about what she had seen, to which her mother replied, “Okay.” '

When Amanda .was .interviewed and asked about these allegations, she denied that A.C. could have been abused, stating that William had never been alone with A.C. and that A.C. was not telling the truth. • Amanda also denied that E.M. had ever told her anything about the abuse.

Based on the information in the affidavit, the trial court entered an ex parte order for emergency custody of all three children on July 30, 2014. A probable-cause order was entered on August 19, 2014, wherein the trial court found probable cause that the emergency conditions continued and that it was necessary for the children to remain in DHS custody.

An adjudication hearing was held on November 19, 2014. At the adjudication hearing, DHS played a video recording of A.C.’s statements to the investigator describing in detail how A.C.’s stepfather had committed the sexual abuse against her. A recording of E.M.’s interview was also introduced.

On December 18, 2014, the trial -court entered an adjudication order finding the children to be dependent-neglected. In the adjudication order, the trial court specifically found the recorded, testimony of A.C. to be very credible. The trial court’s finding of dependeneymeglect was based on clear and convincing evidence of William’s chronic; sexual abuse of A.C. and Amanda’s failure to protect A.C. from the sexual abuse.

|4DHS filed a petition to terminate Amanda’s parental rights, and the termination hearing was held on March 31, 2015. The trial court entered an order terminating Amanda’s parental - rights to all three of her children on May 18, 2015.

' In the termination order, the trial court found by clear and convincing evidence that termination -of parental rights was in the children’s best interest, and the court specifically considered the likelihood that the children would be adopted, as well as the potential harm of returning them to the custody of their parents as required by Arkansas Code Annotated section 9-27-341 (b)(3)(A)(i) & (ii)-(Supp. 2015). .The trial court also found clear and convincing evidence of the following three statutory grounds under subsection (b)(3)(B):

(vi)(a) The court has found the juvenile or a sibling dependent-neglected as a result of neglect or abuse that could endanger the life of the child, sexual abuse, or sexual exploitation, any of which was perpetrated by the juvenile’s parent or parents or stepparent or stepparents.
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(vii)Cq) That other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that .demonstrate that placement of the juvenile in the custody of the parent is contrary to the juvenile’s health, safety, or welfare arid that, despite the offer of appropriate family services, the parent has manifested the incapacity or indifference to remedy the subsequent isáues or factors or rehabilitate the parent’s .circumstances that prevent the placement of the juvenile in the custody of the parent.
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(ix)(q) .The parent is found by a court .of competent jurisdiction, including the juvenile division of circuit court, to:
(3) (A) Have subjected any juvenile to aggravated circumstánces.
(B) “Aggravated - ■' circumstances” means:
(i) A juvénile has been abandoned, ■ chronically abrised,- subjected to ex- ■ treme or repeated cruelty, sexually abused, or a determination has been or is made by a judge that there is - little likelihood that- services to the • family will result in successful reunification[.]

|fiIn the termination order, the trial court found that Amanda had steadfastly denied that' any sexual abuse had occurred,- that she did not intend to separate from William, and therefore that Amanda’s failure to protect her children would continue if any of her children were returned to her.

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Related

Beard v. Arkansas Department of Human Services
2016 Ark. App. 467 (Court of Appeals of Arkansas, 2016)

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Bluebook (online)
2015 Ark. App. 727, 479 S.W.3d 63, 2015 Ark. App. LEXIS 817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-arkansas-department-of-human-services-arkctapp-2015.