Sanford v. Arkansas Department of Human Services

2015 Ark. App. 578, 474 S.W.3d 503, 2015 Ark. App. LEXIS 667
CourtCourt of Appeals of Arkansas
DecidedOctober 21, 2015
DocketCV-15-275
StatusPublished
Cited by8 cases

This text of 2015 Ark. App. 578 (Sanford 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
Sanford v. Arkansas Department of Human Services, 2015 Ark. App. 578, 474 S.W.3d 503, 2015 Ark. App. LEXIS 667 (Ark. Ct. App. 2015).

Opinion

BART F. VIRDEN,' Judge

| Appellant Bradley Sanford appeals the January 2015 order of the Miller County Circuit Court that terminated his parental rights to his two children, K.S. (born 8/25/09) and A.S. (born 9/10/11). 1 K.S. and A.S., along with their stepsibling, D.J., were taken into emergency custody by the Arkansas Department of Human Services (DHS) in June 2013 because of allegations of sexual abuse of D.J. and allegations that their mother, Alecia Campbell, was using methamphetamine. At the time the children were removed from the home, Sanford was incarcerated in Texas on forgery charges. DHS filed a petition to terminate Sanford’s parental rights on July 29, 2014, which was granted on January 23, 2015, following a hearing. Sanford filed this timely notice of appeal, and he asserts that the circuit court’s decision to | ^terminate his parental rights is clearly erroneous because there is insufficient evidence to support it. We disagree, and we affirm..

I. Facts

In late February 2013, Sanford left his children with their mother in Arkansas to seek work in Texas and to remove himself from an unhealthy atmosphere created by Campbell’s methamphetamine abuse. In March, Sanford , was arrested on forgery charges, and in May, he was sentenced to five years’ imprisonment in the Texas Department of Correction. In June .2013, K.S. and A.S. were removed from the home on allegations of the sexual abuse of their stepsibling and on allegations that Campbell was using methamphetamine. Sanford was notified by a, summons mailed to him in prison in Texas. In response to the summons, Sanford wrote a letter to the circuit court requesting the appointment of an attorney to represent him in this matter. Sanford also expressed his interest in financially supporting his children and his desire to help find an appropriate guardian for his children. The court did not respond.

A probable cause hearing was held, and K.S. and A.S. were adjudicated dependent-neglected in an order entered July 22, 2013., The goal was set as reunification of the family, and the circuit court ordered DHS to refer services to Campbell. Throughout the case, services were offered only to Campbell, and the case plan concerned only Campbell’s progress. In May 2014, the permanency-planning order was entered, and' the goal was changed from reunification to adoption based on Campbell’s noncomplianee with the case plan and her continued drug abuse. The circuit court also found that Sanford had been incarcerated for a substantial portion of the children’s lives and' was still incarcerated in Texas.

| sIn July 2014, DHS filed a petition for termination of parental rights of both Campbell and Sanford. In the petition, DHS asserted three statutory grounds relating to Sanford. DHS asserted that the children had been out of the home for twelve months, and despite meaningful efforts by DHS, Sanford had failed to remedy the conditions that led to removal. The second statutory ground asserted by DHS was that the children had been out of the home for twelve months, and Sanford had failed to provide significant material support. The third ground asserted by DHS was that Sanford had been incarcerated for a substantial period of his children’s lives. Sanford wrote a letter to DHS explaining that he had not been informed of the progress of the case and that he believed his letters had not been received by his children. ’ In the letter, Sariford also explained that he had given Campbell’s mother, Theresa Johnson, the authority to cash his quarterly disbursement check from the Ho-Chunk tribe, and she had kept the money for herself rather than use it for the children as he intended.

DHS worker LaShama Lee responded to Sanford by letter. In her .letter, Lee explained that Campbell had not availed herself of the services offered and that DHS had requested that the circuit court terminate Campbell’s parental rights. Lee encouraged Sanford to make copies of all the certificates of any programs he had completed while in prison and have the certificates sent to DHS. Lee also explained that if he wrote letters to his children she would make sure that K.S. and A.S. received them.

In August, Sanford wrote a pro se response to the petition to terminate his parental rights. In his response Sanford requested again that the court appoint an attorney to represent him in this matter, and he argued that he had been very involved in his children’s lives until |4he moved out of the home in February 2018. Sanford also explained that he had at-' tempted to support them financially by allowing the children’s maternal grandmother to cash his disbursement checks from the Ho-Chunk nation but that she had kept the money for herself. Sanford explained that the children’s grandmother had also led him to believe that he was not allowed to have any contact with K.S. and A.S.

In December 2014, Sanford was released from the Texas prison and was immediately returned to Miller County to serve a revocation-of-probation sentence of six months for a felony domestic-battery charge. Sanford’s release date was expected to be in May 2016. '

In January 2016, the circuit court held a termination hearing. At the hearing, Sanford admitted that he had prior substance-abuse issues and that these issues had led to the domestic abuse for which he was currently serving time. He testified that he had taken parenting classes and attended drug-counseling sessions, and the court acknowledged the certificate for his completion of drug counseling, though the parenting-class certificate was not in his file. Sanford explained that he left his children with Campbell to get away from her drug abuse and to find work. Sanford admitted that the home was an inappropriate environment for the children. He testified that his projected release date was May 17, 2016, but that it was possible he would be released at a later date.

DHS case worker LaShama Lee also testified at the hearing. She explained that it was not possible for DHS to provide Sanford services while he was incarcerated in Texas but that she had -written him and encouraged him to avail himself of services “on the case plan” and that he did that in this case. She testified that, due to Sanford’s history of domestic violence hand his present incarceration, she was not recommending giving the' children to-Sanford, but that he had “completed Everything he could” while in prison; ’ She also testified that the'children had “particularized needs that require constant supervision.” Both children received occupational, speech, and physical therapy, and both children had developmental delays. Lee also noted that A.S. was in therapeutic foster care due to severe allergies and asthma. Lee reported that K.S. and A.S. were both doing well in foster care.

Rita Smith, á CASA worker, testified that she had spoken -with Sanford several times and had tried to find out everything she could from him. ' Smith testified that KS.’s development issues were more severe than A.S.’s, and he would require special therapy into adolescence and adulthood. She expressed concern that Sanford would be paying $1000 a month to get caught up on his past-due child-support payments and “that’s hot gonna leave a lot” considering the amount of resources K.S. and A.S. would require.

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Bluebook (online)
2015 Ark. App. 578, 474 S.W.3d 503, 2015 Ark. App. LEXIS 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanford-v-arkansas-department-of-human-services-arkctapp-2015.