Thomsen v. Arkansas Department of Human Services

370 S.W.3d 842, 2009 Ark. App. 687, 2009 Ark. App. LEXIS 843
CourtCourt of Appeals of Arkansas
DecidedOctober 21, 2009
DocketNo. CA 09-610
StatusPublished
Cited by9 cases

This text of 370 S.W.3d 842 (Thomsen 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
Thomsen v. Arkansas Department of Human Services, 370 S.W.3d 842, 2009 Ark. App. 687, 2009 Ark. App. LEXIS 843 (Ark. Ct. App. 2009).

Opinion

JOHN B. ROBBINS, Judge.

I,The Washington County Circuit Court terminatéd appellant’s parental rights to L.S. (born July 24, 2000), L.E. (born October 24, 2001), K.T. (born February 2, 2004), and N.T. (born December 6, 2005). For reversal, appellant argues that the circuit court erred in finding that termination was in the children’s best interest and in finding that the Arkansas Department of Human Services (“DHS”) made a meaningful effort to reunite her with the children. We affirm.

On April 22, 2008, DHS placed a seventy-two-hour hold on the children after appellant’s husband, Gary Thomsen, was arrested for the rape of six-year-old L.E. DHS filed a petition for emergency custody and an affidavit stating that appellant knew that Thomsen phad exposed the children to pornography and had given them alcohol. The affidavit also stated that DHS had been involved with appellant’s family in a protective-services case since 2005 and that appellant had not followed through with services for the children. On these allegations, the circuit court granted emergency custody to DHS on April 23, 2008.

Approximately two weeks later, the court found probable cause to issue the emergency-custody order and to maintain the children in DHS custody. The court granted appellant one hour per week of supervised visitation and ordered appellant to cooperate with DHS and follow court orders; to keep DHS informed of her place of residence; to maintain contact with her attorney; to refrain from using illegal drugs or alcohol; to obtain and maintain stable housing and employment; to maintain a clean, safe home; and to demonstrate the ability to protect the children and keep them safe from harm.

On July 3, 2008, the court adjudicated the children dependent-neglected after finding that the allegations in the DHS affidavit were true and correct. The court established a goal of reunification and reiterated its previous directives to appellant. The court also ordered appellant to undergo a psychological evaluation and follow recommendations; to participate in individual counseling; to complete parenting classes and demonstrate improved, appropriate parenting; and to follow through with her attempts to obtain disability benefits or a job.

A subsequent review order found appellant in partial compliance with the court’s orders. The court continued the goal of reunification and emphasized that appellant should call her DHS caseworker once a week and obtain employment.

[jOn December 3, 2008, the court held a permanency-planning hearing and changed the goal of the case to termination of parental rights. The court found that, although appellant had attended counseling and completed parenting classes, appellant could not “put into practice what she should have learned,” despite three years of DHS services. The court noted that appellant had not called her DHS caseworker once a week; that appellant had not obtained employment; and that appellant’s mother, with whom appellant lived, could not pass a DHS home study due to the mother’s own previous involvement with DHS. The court scheduled a termination hearing for February 25, 2009, and ordered appellant to “get a job by Jan 15th, 2009 and keep the job.”

The evidence at the termination hearing revealed that appellant had divorced Gary Thomsen and was living with her mother, Teresa Bearden, and Bearden’s boyfriend, David Turner. Bearden testified that appellant was unemployed and that Turner provided for the family. Bearden also stated that appellant was pregnant by Turner’s brother, who was married to another woman. Bearden said that she had frequently told appellant to “get rid of’ Thomsen but that, when appellant tried to do so, Thomsen would “sweet talk” his way back into the home. Bearden admitted to having a long history with DHS, to abusing one of her sons, and to sending appellant to live with a relative when appellant was sixteen.

Appellant testified that she lived with her mother and had applied for jobs without success. She also stated that she was thirty-three weeks pregnant and had no relationship with the baby’s father other than friendship. Appellant testified further that she had made Gary |/Thomsen leave her home in December 2007 (prior to the children being taken into custody) but that DHS caseworker Darla Hash encouraged her to let Thomsen return, even after the sexual-abuse allegations came to light. Appellant also stated that she wanted to participate in family counseling and that Ms. Hash had arranged for it, apparently during the protective-services case, but that Gary Thomsen would not permit it.

Caseworker Darla Hash testified that DHS opened a protective-services case on appellant’s family in 2005. Hash stated that DHS had provided numerous services to appellant since that time, including transportation, Medicaid, Christmas gifts, food stamps, drug-and-alcohol assessments, drug tests, psychological evaluations, daycare services, children’s counseling, clothing, and supervised visitation. Hash also said that DHS offered intensive family services and counseling to appellant during the protective-services case but that appellant did not participate. In the present case, Hash stated, appellant underwent a psychological evaluation, participated in individual counseling, took parenting classes, passed her drug screens, and visited the children regularly. However, according to Hash, appellant had no driver’s license or transportation, had no job or disability income, had no home of her own, and was seven months pregnant. Hash also testified that appellant did not have a Medicaid card and had not received prenatal care for her current pregnancy. Further, Hash stated, DHS had denied a home study on appellant’s mother’s residence due to the mother’s long history with DHS. Hash concluded that the mother’s home was not an appropriate place for the children and that DHS could never close the protective-services case if the children | swere placed there.

Hash also testified that she may have told appellant that it was advisable for Gary Thomsen to move back into the home, given that Thomsen paid all of the bills, took the children to their appointments, and cooperated with the school. However, Hash stated unequivocally that, if she did give such advice, she did so prior to Thomsen’s arrest on rape charges. Finally, Hash testified that the children were adoptable and that it was in the children’s best interest to terminate appellant’s parental rights.

DHS also introduced appellant’s psychological evaluation, which was performed by Dr. Martin Faitak. According to the evaluation, appellant told Dr. Faitak that Gary Thomsen began drinking and engaging in violent behavior in 2005 and that she tried to end her relationship with him twice, including in December 2007. However, appellant reported Thomsen would pay child support if he was in the home and that this encouraged her to allow him to return. Dr. Faitak observed that appellant possessed some of the skills and capacities normally required for parenting but that she demonstrated weakness and dependence in relationships. The doctor also noted that appellant was physically healthy, appropriately groomed, and a high-school graduate but that she had never held a regular job or had a driver’s license and that she reported spending most of her time at her mother’s house cleaning and watching television.

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Cite This Page — Counsel Stack

Bluebook (online)
370 S.W.3d 842, 2009 Ark. App. 687, 2009 Ark. App. LEXIS 843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomsen-v-arkansas-department-of-human-services-arkctapp-2009.