Tankersley v. Arkansas Department of Human Services

389 S.W.3d 96, 2012 Ark. App. 109, 2012 Ark. App. LEXIS 194
CourtCourt of Appeals of Arkansas
DecidedFebruary 1, 2012
DocketNo. CA 11-910
StatusPublished
Cited by9 cases

This text of 389 S.W.3d 96 (Tankersley 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
Tankersley v. Arkansas Department of Human Services, 389 S.W.3d 96, 2012 Ark. App. 109, 2012 Ark. App. LEXIS 194 (Ark. Ct. App. 2012).

Opinion

RAYMOND R. ABRAMSON, Judge.

liThe parental rights of appellants Sherry and Eric Tankersley in their three children1 were terminated on June 22, 2011. On appeal, they challenge the sufficiency of the evidence supporting the two statutory grounds the court found for termination: (1) that a juvenile has been adjudicated dependent-neglected and has continued to be out of the custody of the parent for twelve months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent; and (2) that the parent is sentenced in a criminal proceeding for a period of time that would constitute a substantial period of the juvenile’s life. We affirm.

|2The Arkansas Department of Human Services (DHS) took emergency custody of the Tankersley children on September 3, 2009, after reports of maltreatment, neglect, and drug abuse led to a home visit. When DHS first made contact with appellants, they were in the Sebastian County Adult Detention Center (ADC) for receiving stolen goods, and the children had been left in the care of a maternal uncle. Appellants denied currently using drugs,2 and both had negative drug tests. After a second referral a couple of days later, DHS went to the uncle’s house and spoke with the uncle’s girlfriend and the children. According to the girlfriend, she and the children’s uncle were willing to care for the children but could no longer provide for them. She stated that Sherry had been out of jail for a couple of days but had made no attempt to contact the children or provide anything for them; she believed Sherry was using illegal drugs, which Sherry and Eric had a history of doing. A.T.1 and A.T.2 had head lice, and M.T. had bruises on his forehead, cheek, leg, and lower back, which the girlfriend stated he had upon his arrival. On that date, September 3, 2009, DHS placed a 72-hour hold on the children.

The court subsequently found probable cause that the emergency conditions which necessitated removal of the juveniles from the custody of the parents continued so that it was necessary that the juveniles continue in the custody of DHS, and it was contrary to the welfare of the juveniles to be returned home. The parents were allowed visitation at DHS once a week, dependent upon negative drug screens.

|3Following a hearing, an adjudication order was entered on December 8, 2009.3 Appellants were ordered to attend and complete parenting without violence classes; attend and complete a psychological evaluation and comply with the resulting recommendations; attend and complete a drug-and-aleohol assessment and comply with the resulting recommendations; obtain and maintain housing that is safe, stable, and appropriate; obtain and maintain income that is sufficient to support the family; obtain and maintain transportation that is safe, stable, and appropriate; comply with random drug screens; and visit the juveniles regularly.

A permanency-planning hearing was held on April 26, 2010, at which time the court continued reunification as the goal of the case. The court found that appellants had not complied with the case plan and court orders in that they lacked independent housing and sufficient income, had not completed parenting classes, had not attended appointments for psychological evaluations, and had not entered the drug-treatment program recommended by their drug-and-alcohol assessment.

A second permanency-planning hearing was held on September 27, 2010, at which time the goal of the case was changed to termination of parental rights and adoption. The court found that appellants had not complied with the case plan and court orders; specifically, [4the.y had been sentenced to periods of incarceration and, pri- or to that incarceration, they failed to visit regularly or take advantage of the services offered by DHS.

DHS filed a petition for termination in January 2011, and the termination hearing was held on April 4, 2011. Appellant Sherry Tankersley, who was twenty-five years old at the time of the hearing, testified that she currently resided at the Fay-etteville ADC. She had been arrested on June 19, 2010, for failure to appear for charges of possession of oxycodone, possession of drug paraphernalia, and theft by receiving. Before that, she had been in jail for six days around the time the children had been taken into DHS custody in September 2009. She was incarcerated twice between August 2009 and June 2010 — for three weeks in Sebastian County and one week in LeFlore County, Oklahoma. Sherry acknowledged the things that she had to do in order to regain custody of her children. She stated that she did commit other offenses after receiving a suspended sentence for theft by receiving — possession of oxycodone, possession of drug paraphernalia, and theft by receiving. She received a sentence of ten years’ imprisonment with ninety-six months suspended. That was the sentence she was then serving, and her first release-eligibility date was August 1, 2011. She also had a deferred sentence of two years in LeFlore County, Oklahoma, and her grandfather was going to pay her fines and restitution in Oklahoma in hopes that she would not be incarcerated there upon her release in Arkansas.

Sherry stated that her crimes were attempts to obtain money for drugs. She had treatment for drug addiction while incarcerated, took parenting classes, and attempted to do everything she could to work toward reunification (e.g., writing letters, attempting to arrange 1 visitation). Upon her release, appellant planned to initially live with her grandfather, find a job, find a place to live, and attend NA meetings. Sherry believed that she needed two months after her release from prison to be able to find employment and be in a position to care for her children. She acknowledged that she owed $2,862 in child support.

Appellant Eric Tankersley testified that he was incarcerated and that his first eligibility date for release was July 1, 2011. He planned to parole out to his brother’s house in Van Burén, Arkansas. His sentence was ten years with eighty-four months suspended. Eric stated that he was in the same position as his wife in that Oklahoma had applied to accelerate his deferred sentence. He also owed money in fines and restitution. Eric acknowledged that he did not participate in outpatient treatment between October 2009 and July 2010, which he attributed to his drug use.

DHS caseworker Laura Case testified that she recommended terminating appellants’ parental rights. She stated that appellants’ testimony that Eric would be out of prison in one month and Sherry in two months were “not reasonable estimates on their part.” Case stated that appellants had not worked diligently on their case plan during the nine months that they were not incarcerated. Sherry had not completed a psychological evaluation, and neither appellant had followed the recommendation of the drug assessment. DHS provided drug and alcohol assessments, psychological evaluations, parenting classes, random drug screens, and visitation. When appellants were not incarcerated, they visited “regularly enough that [she] wouldn’t recommend [termination] based on no visitation.”

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Bluebook (online)
389 S.W.3d 96, 2012 Ark. App. 109, 2012 Ark. App. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tankersley-v-arkansas-department-of-human-services-arkctapp-2012.