Porter v. Arkansas Dep't of Human Services

378 S.W.3d 246, 2010 Ark. App. 680, 2010 Ark. App. LEXIS 708
CourtCourt of Appeals of Arkansas
DecidedOctober 6, 2010
DocketNo. CA 10-595
StatusPublished
Cited by7 cases

This text of 378 S.W.3d 246 (Porter v. Arkansas Dep't 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
Porter v. Arkansas Dep't of Human Services, 378 S.W.3d 246, 2010 Ark. App. 680, 2010 Ark. App. LEXIS 708 (Ark. Ct. App. 2010).

Opinion

WAYMOND M. BROWN, Judge.

hOn March 12, 2010, the Pulaski County Circuit Court entered an order terminating Elizabeth Dumas’s1 and Steven Porter’s parental rights to their child R.P., born May 2, 2008. Porter appeals the order arguing that there is insufficient evidence to support the trial court’s decision. We affirm.

The Arkansas Department of Human Services (DHS) took R.P. into emergency custody on June 21, 2008, after being notified that Dumas had been arrested for second-degree battery. According to DHS’s affidavit, Dumas was seen abusing the infant on June 19, |22008, while in the emergency room at Arkansas Children’s Hospital. The trial court granted DHS emergency custody of R.P. on June 24, 2008.

In an order filed July 15, 2008, the court found that there was probable cause that the conditions that had caused removal remained, and continued R.P.’s custody with DHS. The order also required Dumas and Porter to submit to psychological evaluations and random drug and alcohol screens. Porter was granted supervised visitation, and a DNA test was ordered to establish paternity.

On August 20, 2008, the court found that R.P. was dependent-neglected. According to the order, Porter was to attend outpatient drug treatment. The ease was reviewed on December 2, 2008. In the review order filed December 29, 2008, the court found that the case was moving toward an appropriate plan. As a result, the goal of the case remained reunification.

At a permanency-planning hearing on May 5, 2009, the court found that the parents were not making significant measurable progress and changed the goal to termination of parental rights. In the order filed May 26, 2009, the court stated in pertinent part:

The court was hoping that the father would have a steadying influence on the mother who has lacked insight and emotional maturity. However the parents have separated at times and have just most recently reunited this past week. The mother relied to her detriment on the father’s practice of providing her transportation which resulted in the mother’s missing some appointments .... The putative father’s psychological evaluation diagnoses Mr. Porter with a personality disorder and recites that the parents are unstable as a couple. Mr. Porter is not engaged in counseling.

I ¡/The order also stated that Porter was to follow the recommendations of the psychological evaluation, which were to participate in family or marital counseling with Dumas, attend parenting counseling and classes, and to continue to work and maintain a stable housing environment. Porter was ordered to give DHS a copy of the DNA paternity test that he testified he had taken.

DHS filed a petition for termination on July 16, 2009. In the petition, DHS alleged that R.P. had been adjudicated dependent-neglected and had continued out of his parents’ custody for a year, and that despite meaningful efforts by DHS to rehabilitate the parents and correct the conditions that caused removal, those conditions had not been remedied.

At the permanency-planning hearing held on August 18, 2009, the court accepted Dumas’s and Porter’s motion to not go forward with termination. According to the order filed on September 15, 2009, the court found that the parents were making progress in complying with its order. Additionally, all the parties agreed that DHS did not have to file another termination petition for the next hearing, which would be the termination hearing.2

The termination hearing took place on January 26, 2010. Lasonya Morehead, the DHS worker, testified that she recommended termination because the child had been out of the home for a long period of time and because Dumas had disclosed that there was domestic violence in the relationship. Morehead acknowledged that she was late sending a referral for |4Porter to start individual counseling, but he was getting family counseling through Ms. Lee Ann Welsh. According to More-head, it was in R.P.’s best interest to have his parents’ rights terminated.

On cross-examination by the attorney ad litem, Morehead stated that R.P. was not a special-needs child and did not have any delays. She said that he had been in foster care “since shortly after birth.” Morehead was shown Dr. Deyoub’s psychological report on the parents and agreed that they both suffered from personality disorders.

On cross-examination by Porter’s attorney, Morehead again stated that the referral for Porter’s individual counseling was “real late.” She said that Porter had stable employment and consistent visitation throughout the case.

Lee Ann Welsh testified that she had provided family therapy for Dumas and Porter. She stated that during a session in September, it was disclosed that Porter had thrown Kool-Aid on Dumas. According to Welsh, Porter did not take any responsibility for the incident. Welsh also said that there was verbal abuse going on in the home. Welsh testified that she informed Porter on September 21, 2009, that Mr. H. Lynn Hemphill would be providing him with therapy because Porter did not seem to be responding well to her. Welsh stated that Dumas called her on October 23, 2009, and told her that Porter had hit her in the mouth and kicked her in the back and ankle. Welsh said that she told Dumas to leave.3 Welsh testified that when she saw Dumas four days later, Dumas had a bruise on her face and she was 1 ¿limping. Porter came for a session in November to discuss his and Dumas’s relationship issues. According to Welsh, Porter took no responsibility, but instead placed all of the blame on Dumas. Welsh also stated that Porter cursed at her and left the room. Welsh told the court that Porter said, “F* *k it, and I don’t care. You can have my f* *king kid,” before leaving the room. Welsh stated that she had concerns about the care of R.P. if Dumas and Porter were to get back together. Welsh said that even when the two are separated, “they always seem to find their way back to each other.” Welsh testified that Dumas and Porter said they have not been together since December.

On cross-examination by the attorney ad litem, Welsh stated that both Dumas and Porter were diagnosed with personality disorders, and that there is not any medication that can fix a personality disorder. According to Welsh, there is “no quick fix to someone who suffers from a personality disorder.” Welsh testified that the turmoil between Dumas and Porter as well as the domestic abuse is indicative of people who suffer from personality disorders.

On cross-examination by Porter’s attorney, Welsh stated that Porter was not the sole aggressor in the relationship. According to Welsh, Porter would have to complete anger management and domestic violence treatment, and take responsibility for his role in the conflicts with Dumas before he would be ready to have custody of R.P. She acknowledged that she had not been working with Porter since he began seeing Hemphill, and that it would be hard for her to say whether or not he was presently in a position to take custody of R.P. IfjWelsh testified that she had met Porter’s other children, two of which he was raising, and that they were “very pleasant and very appropriate.” However, she stressed concern with R.P. being in Porter’s custody because of the verbal abuse. According to Welsh, verbal abuse had taken place in front of Porter’s other two sons.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jerome Jackson v. Arkansas Department of Human Services and Minor Children
2021 Ark. App. 350 (Court of Appeals of Arkansas, 2021)
Young v. Ark. Dep't of Human Servs.
549 S.W.3d 383 (Court of Appeals of Arkansas, 2018)
Brandau v. Arkansas Department of Human Services
2017 Ark. App. 87 (Court of Appeals of Arkansas, 2017)
Ward v. Ark. Dep't of Human Servs.
2014 Ark. App. 491 (Court of Appeals of Arkansas, 2014)
Clements v. Ark. Dep't of Human Servs.
2013 Ark. App. 493 (Court of Appeals of Arkansas, 2013)
Nespor v. Arkansas Department of Human Services
387 S.W.3d 239 (Court of Appeals of Arkansas, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
378 S.W.3d 246, 2010 Ark. App. 680, 2010 Ark. App. LEXIS 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porter-v-arkansas-dept-of-human-services-arkctapp-2010.