Selsor v. Arkansas Department of Human Services

2017 Ark. App. 182, 516 S.W.3d 314, 2017 Ark. App. LEXIS 171
CourtCourt of Appeals of Arkansas
DecidedMarch 15, 2017
DocketCV-16-1045
StatusPublished
Cited by11 cases

This text of 2017 Ark. App. 182 (Selsor 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
Selsor v. Arkansas Department of Human Services, 2017 Ark. App. 182, 516 S.W.3d 314, 2017 Ark. App. LEXIS 171 (Ark. Ct. App. 2017).

Opinion

MIKE MURPHY, Judge

I,Lydia Selsor and Edward Troutman appeal the August 25, 2016 termination of their parental rights to their two minor children, five-year-old K.S. and one-year-old L.T., 1 arguing that termination was not in the children’s best interest. We affirm.

I. Relevant Facts

The Arkansas Department of Human Services (DHS) became involved with this family on February 5, 2015, when L.T. was born with drugs in her system. Both Lydia and Edward tested positive for methamphetamine. K.S. was living with a neighbor in unsafe housing. The five-year-old had poor hygiene and tested positive for methamphetamine and | ^amphetamines subsequent to his removal. DHS exercised an emergency hold, stating concerns of drug use, lack of employment, and lack of stable housing.

The parents stipulated to probable cause on February 19, 2015, and to findings of dependency-neglect on March 31, 2015. In addition to the dependency-neglect finding, the court also found that the children had been exposed to aggravated circumstances as contemplated in the statute. 2

The case proceeded through four permanency-planning hearings. Lydia and Edward stayed clean throughout the case, complied with their case plan, and had completed all the services required by the November 3,2015 hearing.

At the conclusion of the January 12, 2016 permanency-planning hearing, the circuit court believed the parents had made enough progress to increase visitation, commenting that if everything went well it would even “entertain an agreed order returning custody prior to the next hearing.” There were two weekend visitations before the attorney ad litem filed a motion to stop them, alleging that the parents were facing eviction, did not have electricity, had left a puppy by itself at the home for four to five days, and that the children came back smelling like cigarettes. DHS had suspended visitation for the upcoming weekend but disagreed that weekend visitation should be stopped altogether. It asserted that the parents had made remarkable progress to this point, the electricity was back on, the landlord was willing to work with the parents, and the puppy had been stranded over the weekend due to the snow storm. DHS contended that this was just a setback, and that it did |snot believe the children would be at risk if visitation continued. The trial court granted the ad litem’s motion.

The trial court changed the goal of the case to termination of parental rights at the May 3, 2016 permanency-planning hearing, citing the parents’ inability, despite 15 months of services, to secure and maintain appropriate, stable housing. The court also stated the parents had judgment issues and that “there are no additional services that will actually improve their lack of insight.”

DHS filed a petition to terminate Lydia and Edward’s parental rights, and a hearing was held on July 26, 2016. At trial, the court heard testimony from K.S.’s occupational therapist about KS.’s developmental disability and how important structure and routine were to managing it. The DHS caseworker testified that the parents had adequate income and had completed all the services, but the children could still not return to their parents’ custody because Lydia and Edward did not have a home. She further discussed how she had referred the parents to the housing authority, and they had been approved but did not move in because they did not have a $500 cash deposit available. She testified that DHS did not offer cash assistance because she believed they did have the deposit, and that they just did not want to pay the $200 per month it would cost to rent it. Lydia testified that she would have taken the apartment and that the $500 deposit was all that was standing between her and her children at that time. Psychological reports finding both parents to have below-average cognitive abilities were also admitted.

In its order, the court found that the parents had never obtained stable housing—they had lived in at least four different cities since the case had been opened— and still did 14not have a place of their own by the termination hearing. This was especially troublesome to the court considering that K.S. suffered developmental delays that required a consistent routine and stability. It found the argument that the parents just needed a little more time and deposit money disingenuous. Even if the parents had requested cash assistance, the court reasoned, it may not have ordered it because the parents have adequate income, had a year and a half to find stable housing, and a lessened burden because their children were in foster care. This demonstrated to the court that the parents lacked the appropriate judgment to meet the special needs of their children.

The court terminated Lydia and Edward’s parental rights under the grounds of failure to remedy, subsequent factors, and aggravated circumstances. It found that termination was in the best interest of the children because the parents did not have the ability to meet their children’s special needs, and if returned, they would be subject to housing and emotional instability.

Lydia and Edward now appeal, arguing that there was not sufficient evidence to support a best-interest determination. 3

| bII. Standard of Review

We review termination-of-parental-rights cases de novo. Lively v. Ark. Dep’t of Human Servs., 2015 Ark. App. 131, at 4-5, 456 S.W.3d 383, 386. It is DHS’s burden to prove by clear and convincing evidence that it is in a child’s best interest to terminate parental rights as well as the existence of at least one statutory ground for termination. Id. On appeal, the inquiry is whether the circuit court’s finding that the disputed fact was proved by clear and convincing evidence is clearly erroneous. Id. A finding is clearly erroneous when, although there is evidence to support it, the appellate court, on the entire evidence, is left with a definite and firm conviction that a mistake has been made. Id. We give a high degree of deference to the circuit court, as it is in a far superior position to observe the parties before it and judge the credibility of the witnesses. Id.

III. Best Interest

Lydia and Edward argue that there was insufficient evidence to support the trial court’s best-interest determination because they were bonded with their children, complied with their case plan, and their sufficient progress warranted additional time. They contend that a little more time would have allowed DHS to provide them with “the one service that could effectuate reunification—one-time cash assistance for [them] to obtain housing”—and that their parental rights were terminated, essentially, because they were poor.

The termination of parental rights is a two-step process that requires the circuit court to find that the parent is unfit and that termination is in the best interest of the child. One step requires consideration of whether the termination of parental rights is in the children’s best interest, Ark. Code Ann.

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Bluebook (online)
2017 Ark. App. 182, 516 S.W.3d 314, 2017 Ark. App. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/selsor-v-arkansas-department-of-human-services-arkctapp-2017.