Rosenbaum v. Arkansas Department of Human Services

2017 Ark. App. 680, 537 S.W.3d 282
CourtCourt of Appeals of Arkansas
DecidedDecember 13, 2017
DocketNo. CV-17-393
StatusPublished

This text of 2017 Ark. App. 680 (Rosenbaum 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
Rosenbaum v. Arkansas Department of Human Services, 2017 Ark. App. 680, 537 S.W.3d 282 (Ark. Ct. App. 2017).

Opinion

RAYMOND R. ABRAMSON, Judge

|, Dustin Rosenbaum appeals the Sharp County Circuit Court order terminating his.parental rights to his .child, L.A. On appeal, Rosenbaum argues that the circuit court erred in terminating his parental rights because there was an available and appropriate relative placement with his mother, Raven Traman. We affirm.

. On September 5, 2015, L.A. was born while his mother, Aisa Alard,1 was incarcerated in the Southeast Community Correction Center. The Arkansas Department of Human.Services .(“DHS”) placed a seventy-two-hour hold on L.A., and on September 11, 2015, DHS filed a petition for emergency custody and dependency-neglect. The petition listed Rosenbaum and James Meeks as the putative fathers. On that same day, the circuit [¡.court entered an ex parte order for emergency custody. On September 15, 2015, the circuit court found probable cause for the emergency custody.

On October 6, 2015, the circuit court adjudicated L.A. dependent-neglected' due to Alard being incarcerated at L.A.’s birth and also because Allard’s other children had been adjudicated dependent-neglected. In the adjudication order, the court adjudicated Rosenbaum as the legal father pursuant to DNA testing results. The court ordered Rosenbaum to comply with the case plan, contact the DHS caseworker weekly, watch “The Clock is Ticking” video, participate in and complete parenting classes, obtain and maintain appropriate housing and employment, submit .to random drug screens, and submit to a psychological evaluation.

On December 1, 2015, the court held a review hearing. The court found that Rosenbaum was in partial compliance with the case plan because he had watched “The Clock is Ticking” video and completed his psychological evaluation. However, he had not completed parenting classes or a drug assessment.

Further, on December 1, 2015, L.A.’s foster parents filed a motion to intervene and to consolidate cases. They informed the court that they had filed a petition for adoption of L.A. in the probate division of the circuit court on that day, and they asked the court to consolidate the cases. The circuit court set a hearing on the motion to intervene for February 9, 2016. On January 8, 2016, Rosenbaum’s mother, Raven Traman, also filed a motion to intervene and for guardianship of L.A.

|3On February 9, 2016, the court held a review hearing. The court granted the foster parents’ motion to intervene but reserved a ruling on Traman’s motion to intervene pending a home study. The court further found that Rosenbaum still had not completed parenting classes or his drug assessment.

On June 7, 2016, the court held a review hearing. DHS introduced into evidence the results of Traman’s home study and recommended that L.A. not be placed with Traman at that time. Christy Kissee, the family-service-worker supervisor, testified that she did not recommend placement with Traman due to Traman’s lack of income. She noted that Traman’s only income is her son Brandon’s disability benefits. On cross-examination, she admitted that the home itself was adequate and appropriate for the child. However, she believed that Traman’s lack of financial support prevented placement of L.A. with her. She further voiced concern of Tra-man’s dependent behavior on Brandon.

Traman testified that she lives with Brandon and her nine-year-old grandson, of whom she has a guardianship. She explained that Rosenbaum had recently moved out of her home and into an apartment because she wanted to make room for L.A. and because Rosenbaum had tested positive for K2. She explained that she inherited her home from her mother and that Brandon pays her utility bills. She stated that Brandon’s income is $653 per month and that amount is her total household income. She noted that she babysits on occasion and supplements that income. She testified that if the court restricted access between Rosenbaum and L.A., she would abide by the court’s order. At the | ¿conclusion of the review hearing, the court declined to place L.A. with Traman at that time and again reserved a ruling on Traman’s motion to intervene and for guardianship.

On September 7, 2016, the court held a permanency-planning hearing. Teresa Hol-lich, the DHS caseworker, testified that it was in L.A.’s best interest to be adopted by his foster parents. She explained that he had been in their home since September 11, 2015, less than week after his birth; that he is healthy and happy; and that the home is appropriate. She noted that Rosenbaum had not paid child support, had not been cooperative with DHS, and could not visit L.A. because of a failed drug test.

Allard, L.A.’s mother, testified that she wanted Traman to have custody of L.A. She testified that she had known Traman for thirteen years and that her home was appropriate for the child. She noted that she had attempted to arrange for Traman to pick up L.A. shortly after his birth. She did not believe it was in L.A.’s best interest to be adopted by his foster parents. Traman again testified about her living situation and her income, which remained unchanged. However, she testified that she had applied for four jobs.

At the conclusion of the permanency-planning hearing, the court denied Tra-man’s motion to intervene and for guardianship. The court was concerned with Traman’s lack of income and her inability to disassociate herself with Rosenbaum. The court found Allard’s testimony not credible because she appeared to be under the influence of a substance. The court entered a written order on the same day as the hearing. In the order, the court changed the goal of the case to adoption.

| BOn December 16, 2016, DHS filed an amended petition for termination of Rosenbaum’s parental rights. DHS alleged the failure-to-remedy ground,2 the failure-to-support ground,3 the abandonment ground,4 the subsequent-factors ground,5 and the aggravated-circumstances ground.6 The court held a termination hearing on January 17,2017.

At the hearing, Rosenbaum testified that he is currently in a drug-rehabilitation facility in O’Kean, Arkansas, and that he had been there for a little over a month. He explained that if he did not complete the drug rehabilitation, he could be sentenced to thirty-six months in prison. He asked the court to place L.A. with his mother until he is sober. In the alternative, he stated that he would relinquish his parental rights to his mother. He testified that he had completed online parenting classes, a psychological evaluation, and a drug assessment.

Hollich again testified that L.A. is doing well in his foster home. She noted that since the case had begun, Rosenbaum had four different homes and that he had failed to report criminal charges to DHS. She noted Rosenbaum had not maintained contact with DHS and that she had not spoken with him since September. His last visitation with L.A. |Rwas in June. She confirmed that he had completed a psychological evaluation and online parenting classes. She noted, however, that parents usually complete parenting classes at DHS, not online. As to placement with Traman, Hollich testified that she had concerns with" Traman ceasing contact with Rosenbaum, and she also referenced the court’s previous orders.

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373 S.W.3d 361 (Court of Appeals of Arkansas, 2009)
Wafford v. Arkansas Department of Human Services
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2017 Ark. App. 680, 537 S.W.3d 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenbaum-v-arkansas-department-of-human-services-arkctapp-2017.