Rodriguez v. Arkansas Department of Human Services

200 S.W.3d 431, 360 Ark. 180
CourtSupreme Court of Arkansas
DecidedDecember 16, 2004
Docket03-1466
StatusPublished
Cited by13 cases

This text of 200 S.W.3d 431 (Rodriguez v. Arkansas Department of Human Services) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. Arkansas Department of Human Services, 200 S.W.3d 431, 360 Ark. 180 (Ark. 2004).

Opinion

Annabelle Clinton Imber, Justice.

Mary Rodriguez appeals from the Faulkner County Circuit Court’s order terminating her parental rights as to two of her children, Rosalinda and Imelda Rodriguez. We affirm the circuit court.

Rosalinda and Imelda are the children of Mary and Arturo Rodriguez. Arturo resides in Mexico, but Mary, a citizen of the United States who was born in Ohio, currently resides in Damascus, Arkansas. On August 24, 2001, the Arkansas Department of Human Services (DHS) placed a 72-hour hold on Rosalinda and Imelda for their safety and protection due to the possible threat of Mary returning to Mexico with the children. Rosalinda and Imelda were removed from Mary’s custody after DHS filed a petition for emergency custody. An affidavit by a DHS employee averred that Mary was not providing the children with a proper education, as Mary home schooled the children with a questionable curriculum that she called “Phonics.” Additionally, the affidavit stated that the house was “full of fleas, mice, rodents, [and other] animals, and was piled with trash,” and one child suffered an ear infection that remained untreated because Mary was afraid of taking the child to the doctor for fear of the records being used by DHS to trace and locate the children.

On August 27, 2001, the Juvenile Division of the Faulkner County Circuit Court entered an emergency order, placing custody of the children with DHS. Following Mary’s waiver of a probable cause hearing, the circuit court entered a probable cause order on September 25, 2001. In the order, the court awarded temporary custody to Paula Sullivan, the children’s older half-sister; directed DHS to develop an appropriate case plan for the children and family; and authorized DHS to arrange supervised visitation with Mary and to provide a Spanish interpreter 1 during the visits so as to assure that no inappropriate communications occurred between Mary and the children. In a review order entered on December 5, 2001, the circuit court ordered Mary to undergo a psychological evaluation by Dr. Paul DeYoub, a clinical psychologist. Another review order dated February 27, 2002, found that the case plan, services, and placement of the children met their needs and interests. In addition, the court concluded that DHS no longer had to provide a Spanish interpreter for visitation, that DHS was relieved of providing services to Mary other than visitation, and that Mary was prohibited from making phone calls to Paula Sullivan’s home where the children resided. A permanency planning hearing was scheduled for April 9, 2002. On August 30, 2002, following its determination that DHS had complied with the terms of the case plan by making reasonable efforts to deliver reunification and permanency services to Mary, the circuit court accepted DHS’s amended permanency plan to terminate her parental rights. Shortly thereafter, on September 17, 2002, DHS petitioned the circuit court to terminate Mary’s parental rights; but, meanwhile, the circuit court placed the children in the temporary custody of relatives who reside in other states. 2 On November 22, 2002, the circuit court terminated the parental rights of Mary and Arturo.

Mary initially appealed to the Arkansas Court of Appeals. The court of appeals reversed the circuit court’s order terminating Mary’s parental rights, holding that the circuit court “erred in determining that Mary’s due process rights afforded by the statutorily-required case plan had not been violated, even though the case plan was not introduced into evidence.” The court of appeals reasoned that it was unable to review whether Mary’s due process rights were violated because DHS failed to introduce the case plan as part of the record below. The court of appeals further held that admission of the psychological report, prepared by Dr. DeYoub, was reversible error. Finally, the court of appeals found that the circuit court relied on the report to make judgmental statements and to reach conclusions before the report was admitted into evidence. This case comes to us by a grant of petition for review pursuant to Rule 2-4 of the Arkansas Rules of the Supreme Court.

Upon a petition for review, we consider a case as though it had been originally filed in this court. McCoy v. State, 347 Ark. 913, 69 S.W.3d 430 (2002). We recently set forth our standard of review in parental rights-termination cases:

Arkansas Code Annotated section 9-27-341 (b)(3) (Supp.1999) requires an order terminating parental rights be based upon clear and convincing evidence. Larscheid v. Arkansas Department of Human Services, 343 Ark. 580, 36 S.W.3d 308 (2001) (citing Baker v. Arkansas Dept. of Human Servs., 340 Ark. 408, 12 S.W.3d 200 (2000)). Our law is well settled that when the burden of proving a disputed fact in chancery court is by clear and convincing evidence, the question that must be answered on appeal is whether the chancery court’s finding that the disputed fact was proven by clear and convincing evidence was clearly erroneous. Id. (citing J.T. v. Arkansas Dept. of Human Servs., 329 Ark. 243, 947 S.W.2d 761 (1997); Anderson v. Douglas, 310 Ark. 633, 839 S.W.2d 196 (1992)). Clear and convincing evidence is that degree of proof that will produce in the fact finder a firm conviction as to the allegation sought to be established. Id. In resolving the clearly erroneous question, we must give due regard to the opportunity of the chancery court to judge the credibility of witnesses. Id. 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. Gregg v. Arkansas Dep’t of Human Servs., 58 Ark.App. 337, 952 S.W.2d 183 (1997). Cases such as this are reviewed de novo on appeal. Wade v. Arkansas Dep’t of Human Servs., 337 Ark. 353, 990 S.W.2d 509 (1999).

Dinkins v. Arkansas Dept. of Human Serv., 344 Ark. 207, 40 S.W.3d 286 (2001). See also Wade v. Arkansas Dept. of Human Sen., 337 Ark. 353, 990 S.W.2d 509 (1999).

In the brief that Mary submitted to the Arkansas Court of Appeals, she raised only two points of error: first, that she was denied due process because DHS failed to comply with Ark. Code Ann. § 9-27-402(c)(5)(A)(2004); second, that the circuit court erred in admitting Dr. DeYoub’s report into evidence. The briefs submitted to this court, however, are significantly different in that Mary has included four additional points on appeal. 3

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Bluebook (online)
200 S.W.3d 431, 360 Ark. 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-arkansas-department-of-human-services-ark-2004.