Strickland v. Arkansas Department of Human Services

287 S.W.3d 633, 103 Ark. App. 193, 2008 Ark. App. LEXIS 623
CourtCourt of Appeals of Arkansas
DecidedSeptember 24, 2008
DocketCA 08-441
StatusPublished
Cited by32 cases

This text of 287 S.W.3d 633 (Strickland 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
Strickland v. Arkansas Department of Human Services, 287 S.W.3d 633, 103 Ark. App. 193, 2008 Ark. App. LEXIS 623 (Ark. Ct. App. 2008).

Opinion

Wendell L. Griffen, Judge.

Appellant Rebecca Garcia Strickland appeals from an order terminating her parental rights in CS (born August 13, 2003) and JS (born August 5, 2005). She argues that there was insufficient evidence to warrant termination. We agree and reverse the termination order.

I. Background Information

Appellant is a twenty-six-year-old resident of Drew County. Both of her children suffer from developmental delays, and JS suffers from numerous physical problems as well. In January 2006, the Arkansas Department of Human Services (DHS) submitted an affidavit to the Drew County Circuit Court, seeking emergency custody of the children. The affidavit stated that JS was not attending a Kids First daycare program as prescribed by his doctor; that, when JS did attend, he arrived dirty and needing a bath; and that appellant had picked the children up from daycare in a vehicle with no child seats, accompanied by a cousin who smelled of alcohol. The circuit court granted emergency custody to DHS on February 3, 2006.

On March 31, 2006, CS andJS were adjudicated dependent-neglected. The court approved a goal of parental reunification and directed appellant to obtain stable housing, employment, and transportation; complete parenting classes; and obey court orders and the case plan. Subsequent review orders in June and July 2006 found that appellant had completed parenting classes, assisted with the children’s transportation, visited the children, and maintained stable housing since May 2006. The court allowed an increase in appellant’s visitation.

An October 12, 2006, review order continued the goal of reunification. The court observed that appellant had attended all of JS’s medical appointments and had moved in September 2006 due to a break-in at her home. Appellant was directed to re-enroll in parenting classes, maintain stable housing, and obey the case plan and court orders.

In January 2007, DHS reported that appellant “has done well in the past year.” The report stated that appellant had complied with court orders and the case plan; maintained stable housing and transportation; kept the children overnight on a weekly basis; and ensured the children’s health and safety needs when they were in her care.

A permanency-planning hearing, scheduled for January 2007, was continued based on appellant’s separation from her husband, Jose Garcia-Lopez. 1 Several additional continuances involving Mr. Garcia-Lopez resulted in the permanency-planning hearing not being held until July 12, 2007. Interim court reports and case plans state that appellant did not have stable transportation; had been living in her aunt’s home for six months; and had been encouraged by DHS to obtain her own home.

On August 21, 2007, the court entered a permanency-planning order, stating that reunification was expected by January 1, 2008, based on appellant’s significant progress toward achieving the case-plan goals and her diligent work toward reunification. However, the court pointed out that, while appellant had obtained a car, she had not had her driver’s license reinstated and had not maintained stable housing or attended all of JS’s medical appointments (though it was possible she had not received notice of every appointment). Appellant was ordered to attend JS’s medical appointments; notify DHS if she needed transportation to the appointments; obtain and maintain a safe and stable home; complete another parenting course; maintain visitation; reinstate her driver’s license; and have adequate transportation.

According to DHS reports, appellant made unsuccessful attempts after the hearing to live with her mother and her grandmother. She then obtained her own apartment in September 2007. On October 4, 2007 — before the predicted reunification date and only six weeks after the last order — DHS filed a petition to terminate appellant’s parental rights. On the same day the petition was filed, the court entered a fifteen-month review order, changing the goal of the case to termination of parental rights and adoption. The court found that appellant had completed parenting classes, visited the children, and attended JS’s medical appointments but failed to acquire stable transportation or maintain stable housing, having moved three times since the last hearing.

II. The Termination Hearing

A termination hearing was held on December 13, 2007. Adoption specialist Marrianne Cruce testified that the children were adoptable and that DHS had families for them. Family service worker Jennifer Harper testified that appellant was in partial compliance with the case plan, having completed her parenting classes. However, Harper said, appellant had not acquired stable transportation, was not employed, and had not maintained stable housing for a year, as designated in the case plan. With regard to transportation, Harper admitted that the case plan did not require appellant to own a vehicle and that appellant could comply with the case plan by having readily available transportation. She further acknowledged that the children would not necessarily be endangered by appellant’s relying on others for transportation. Harper also testified that appellant was unemployed due to a disability and received SSI payments of $623 per month. Harper said that appellant could possibly support herself and the children on that income. As for housing, Harper testified that appellant had moved eight times since the case began, prior to moving to her current one-bedroom apartment in September 2007. According to Harper, JS’s medical needs required stable housing. She referenced a letter from Dr. Maryelle Vonlanthen, which stated that JS’s weight gains varied with changes in his living conditions.

CASA volunteer Cynthia Pope testified that she recommended termination of parental rights. Her recommendation was based on appellant’s purported failure to meet three basic requirements of the case plan — stable housing, reliable transportation, and employment. Pope stated, however, that appellant “has a support system in place for her transportation.” She also placed a CASA court report into evidence. The report stated, if appellant continued to move frequently, the children’s medical and emotional well-being could be disrupted. However, it also stated that appellant had no desire to vacate her apartment, that all utilities were in working order, and that appellant could possibly obtain a larger apartment when the children were returned to her. Additionally, the report stated that appellant could be situationally depressed. It referred to appellant’s psychological evaluation, which described appellant’s limited intellectual functioning and cognitive abilities, though it made no recommendation about reunification. Finally, the report noted that appellant was working hard to improve herself and was trying for her GED; that appellant understood the importance of her children’s education; that she loved her children and strongly desired that they be returned to her care; that appellant demonstrated an adequate ability to care for her home; that family members in the area assisted her with transportation; and that appellant “frequently stated her spiritual beliefs and how she used this for guidance and strength.”

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Bluebook (online)
287 S.W.3d 633, 103 Ark. App. 193, 2008 Ark. App. LEXIS 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-arkansas-department-of-human-services-arkctapp-2008.