Seago v. Arkansas Department of Human Services

2011 Ark. 184, 380 S.W.3d 894, 2011 WL 1598969, 2011 Ark. LEXIS 174
CourtSupreme Court of Arkansas
DecidedApril 28, 2011
DocketNo. 10-693
StatusPublished
Cited by13 cases

This text of 2011 Ark. 184 (Seago 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
Seago v. Arkansas Department of Human Services, 2011 Ark. 184, 380 S.W.3d 894, 2011 WL 1598969, 2011 Ark. LEXIS 174 (Ark. 2011).

Opinion

PAUL E. DANIELSON, Justice.

| Appellant Greg Seago appeals from the circuit court’s order terminating his parental rights to V.S., M.S., and N.S., and granting appellee the Arkansas Department of Human Services (DHS) the power to consent to adoption.1 Seago’s children previously resided on the compound grounds of the Tony Alamo Christian Ministries (TACM) in Fouke, Arkansas; this appeal is one of five appeals before this court involving separate TACM families. Seago asserts three points on appeal: (1) that the termination of his parental rights violated his right to freely exercise his religion; (2) that the circuit court erred in admitting taped conversations under the business-records exception to the hearsay rule; and (3) that the grounds for termination |2of his parental rights were not proved by clear and convincing evidence. We affirm the circuit court’s order.

The record reveals that on September 23, 2008, a petition for emergency custody and dependency/neglect by DHS was filed in the Miller County Circuit Court relating to V.S., a female child born. August 10, 1994. The same day, an order for emergency custody was filed, and, on September 29, 2008, a probable cause order was filed. With respect to M.S., a male child born December 30, 1995, and N.S., a male child born June 20, 1999, an amended petition for emergency custody and dependency-neglect was filed on November 19, 2008, an amended order for emergency custody was filed on November 18, 2008, and a probable cause order was filed on December 22, 2008. All three children were later adjudicated dependent-neglected, and the court of appeals affirmed those orders in Seago v. Arkansas Department of Human Services, 2009 Ark. App. 767, 360 S.W.3d 733 (V.S.)2 and Seago v. Arkansas Department of Human Services, 2010 Ark. App. 169, 2010 WL 546410 (M.S. and N.S.).

Subsequent review orders were entered. On February 24, 2009, the circuit court found that the case plan was moving toward an appropriate permanency plan for the children and that the goal of the ease was reunification. It further found that while Seago had attended parenting classes, submitted to a DNA test, and visited the children on a regular basis, he had not complied with the court’s order or the case plan in that he had not successfully completed ^parenting classes, had missed his first appointment for a psychological evaluation, did not attend counseling, and had not sought or obtained housing or employment separate and apart from TACM and its members.

' In its review order of May 20, 2009, the circuit court found that the case plan was not moving toward an appropriate permanency plan for the children, but that the goal of the case- remained reunification. Regarding Seago, the circuit court found that he had complied with the case plan in that he had completed parenting classes, had submitted to' a DNA test, had allowed DHS access to his home, and was visiting with the children. Noncompliance was found, however, in that Seago had not obtained safe and stable housing and employment separate and apart from TACM and was not attending counseling.

On September 2, 2009, the circuit court entered its final review order, finding that the case plan was not moving toward an appropriate permanency plan for the children and that the goal of the case continued to be reunification. In addition, the circuit court found that Seago had partially complied with the case plan and orders of the court in that he had undergone a psychological evaluation and had completed parenting classes. However, the circuit court also found, Seago had not complied in that he had not obtained safe and stable housing or employment separate and apart from TACM and was not paying child support on a regular basis.

A permanency planning hearing for V.S. was held on September 1, 2009, and a permanency planning order was filed September 2, 2009, in which the circuit court found, in pertinent part:

|43. The Court, mindful of the available permanency planning dispositions, does hereby determine that it is in the best interest of the juvenile that the goal of the case shall be:
(1) That the juvenile cannot be returned home, parental rights will not be terminated because no potential guardian is available, and no person is available to be the permanent custodian, therefore the permanent goal shall be Another Planned Permanent Living Arrangement (APPLA).
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6. The Court finds that the Arkansas Department of Human Services has made reasonable efforts to finalize a permanency plan, specifically, referral of the parents for psychological evaluations, parenting classes, counseling, and home visits to the father’s home.
7. The Court finds that the father has partially complied with the case plan and the orders of this Court, specifically, he has gotten a psychological [evaluation], has completed parenting classes, and has paid some child support. The father has not complied in that he has not obtained safe and stable housing or employment separate and apart from the Tony Alamo Ministry, and is not paying child support on a regular basis.

In addition, the circuit court ordered Seago to obtain safe and stable housing and employment separate and apart from TACM and to continue to pay child support.

A permanency planning hearing regarding M.S. and N.S. was held on October 26, 2009, and a permanency planning order was entered on December 9, 2009. In that order, the circuit court made the following findings:

3. The Court, mindful of the available permanency planning dispositions, does hereby determine that it is in the best interest of the juveniles and that the goal of the case shall be:
(1) That parental rights will be terminated and the goal will be adoption.
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6. The Court finds that the Arkansas Department of Human Services has made reasonable efforts to finalize a permanency plan, specifically, a) referred Greg Seago for a psychological evaluation; ... d) referred Greg Seago for individual counseling; e) providing parenting classes for Greg Seago; ... g) offered to assist Greg Seago in applying for public or Section 8 housing; h) offered to assist Greg Seago in seeking independent employment at the Work Force Center; i) have attempted home ^visits to Greg Seago’s current home; ... [and] 1) have offered to assist Greg Seago with transportation.
7. Greg Seago has partially complied with the case plan in that he has: a) completed parenting classes; b) has gotten a psychological evaluation; c) child support has been paid by the Tony Alamo Christian Ministries; d) has visited regularly with the juveniles. Greg Seago has not substantially complied with the case plan in that he has: a) adamantly refused to seek safe and stable independent housing for the juveniles; b) adamantly refused to seek independent employment; c) has refused to attend individual counseling as recommended by the psychological evaluation.

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Bluebook (online)
2011 Ark. 184, 380 S.W.3d 894, 2011 WL 1598969, 2011 Ark. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seago-v-arkansas-department-of-human-services-ark-2011.