Venson Mason v. Arkansas Department of Human Services and Minor Child

2022 Ark. App. 124
CourtCourt of Appeals of Arkansas
DecidedMarch 9, 2022
StatusPublished
Cited by1 cases

This text of 2022 Ark. App. 124 (Venson Mason v. Arkansas Department of Human Services and Minor Child) 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
Venson Mason v. Arkansas Department of Human Services and Minor Child, 2022 Ark. App. 124 (Ark. Ct. App. 2022).

Opinion

Cite as 2022 Ark. App. 124 ARKANSAS COURT OF APPEALS DIVISION III No. CV-21-506

VENSON MASON Opinion Delivered March 9, 2022 APPELLANT APPEAL FROM THE CONWAY V. COUNTY CIRCUIT COURT [NO. 15JV-19-72]

ARKANSAS DEPARTMENT OF HONORABLE TERRY SULLIVAN, HUMAN SERVICES AND MINOR JUDGE CHILD APPELLEES REVERSED AND REMANDED

KENNETH S. HIXSON, Judge

Appellant Venson Mason appeals from the termination of his parental rights to his

seven-year-old daughter, C.M.1 On appeal, Venson argues that the termination order should

be reversed because there was insufficient evidence of statutory grounds and insufficient

evidence that the termination was in C.M.’s best interest. We hold that the trial court clearly

erred in finding that termination of Venson’s parental rights was in C.M.’s best interest.

Accordingly, we reverse the order terminating his parental rights, and we remand for further

proceedings.

1 C.M.’s mother, Christina Mason, never appeared in the case and passed away two months before the termination order was entered. In order to terminate parental rights, the trial court must find by clear and

convincing evidence that termination is in the best interest of the juvenile, taking into

consideration (1) the likelihood that the juvenile will be adopted if the termination petition

is granted; and (2) the potential harm, specifically addressing the effect on the health and

safety of the child, caused by returning the child to the custody of the parent. Ark. Code

Ann. § 9-27-341(b)(3)(A)(i) & (ii) (Supp. 2021). The order terminating parental rights must

also be based on a showing by clear and convincing evidence as to one or more of the grounds

for termination listed in section 9-27-341(b)(3)(B). However, only one ground must be

proved to support termination. Best v. Ark. Dep’t of Hum. Servs., 2020 Ark. App. 485, 611

S.W.3d 690.

A trial court’s order terminating parental rights must be based upon findings proved

by clear and convincing evidence. Ark. Code Ann. § 9-27-341(b)(3). Clear and convincing

evidence is defined as that degree of proof that will produce in the fact-finder a firm

conviction as to the allegation sought to be established. Posey v. Ark. Dep’t of Health & Hum.

Servs., 370 Ark. 500, 262 S.W.3d 159 (2007). On appeal, the appellate court reviews

termination-of-parental-rights cases de novo but will not reverse the trial court’s ruling unless

its findings are clearly erroneous. Id. A finding is clearly erroneous when, although there is

evidence to support it, the reviewing court on the entire evidence is left with a definite and

firm conviction that a mistake has been made. Id. In determining whether a finding is

clearly erroneous, an appellate court gives due deference to the opportunity of the trial court

to judge the credibility of witnesses. Id.

2 This case began on October 8, 2019, when appellee Arkansas Department of Human

Services (DHS) filed a petition for emergency custody of C.M. An attached affidavit stated

that C.M. had lived with her father, Venson, since birth. The affidavit stated that family-

service workers visited the house where they were living and found inappropriate and

dangerous circumstances. The family service workers observed several individuals both

inside and outside the house, and upon inquiry, Venson stated that he and C.M. slept on

the couch. The family service workers saw drug paraphernalia in the house. When the

police arrived, Venson threw drugs and drug paraphernalia out the bathroom window.

Venson told the family service workers that he smoked marijuana every day “like cigarettes”

and admitted that he had used methamphetamine two days earlier. Venson was drug

screened and tested positive for methamphetamine, amphetamines, and THC. C.M. told

the family service workers that her father smoked “blunts and cigarettes.” C.M. further

stated that when she gets in trouble, her father pulls her hair, and she pointed to a spot on

her head where a patch of hair was thinner. C.M. also showed the family service workers

bites on her neck, which she said were from bed bugs.

On October 8, 2019, the trial court entered an ex parte order of emergency custody,

and on October 9, the trial court entered a probable-cause order. The trial court entered an

adjudication order on November 21, 2019, finding C.M. dependent-neglected due to

parental unfitness, abuse, and environmental neglect. 2 The goal of the case was reunification

2 The trial court noted that C.M.’s mother did not contribute to the dependency- neglect and that her whereabouts were unknown.

3 with the concurrent goal of guardianship or adoption. In the adjudication order, Venson

was ordered to remain drug-free and submit to random drug screens, complete parenting

classes, maintain safe and stable housing, maintain stable employment, and cooperate with

DHS.

The trial court entered a review order on March 18, 2020. In the review order, the

trial court found that Venson was partially compliant with the case plan. The trial court

found that Venson had completed a drug-and-alcohol assessment and, per the

recommendation, had entered a long-term substance-abuse treatment program. The trial

court ordered Venson to undergo a psychological evaluation and attend counseling and

stated that the goal of the case remained reunification. The trial court also gave Venson

visitation with C.M. and ordered that the mother have no visitation until she came before

the court, which she never did. Importantly, in a subsequent review order entered on July

6, 2020, the trial court found that Venson had complied with the case plan—specifically that

he had employment, was continuing his drug treatment, and was in counseling—and again

stated that the goal remained reunification.

On December 9, 2020, the trial court entered a permanency-planning order. In that

order, the trial court continued the goal of reunification and again found Venson in

compliance with the case plan. The trial court stated that Venson had completed his drug

treatment, was maintaining sobriety, had completed a psychological evaluation, was

attending counseling, had obtained a driver’s license and a vehicle, and was living in a three-

bedroom mobile home. The trial court noted in the permanency-planning order that, in

4 light of Venson’s progress, the court had authorized a trial home placement that had begun

on October 10, 2020.

On December 17, 2020, the trial court entered a fifteen-month-review order. In that

order, the trial court stated that the trial home placement had ended 3 due to Venson’s

allowing C.M. to be unsupervised around inappropriate people, including her mother, and

in unsafe conditions. The trial court reiterated the particulars of Venson’s compliance with

the case plan and gave DHS discretion to increase visitation as soon as a safe and viable

visitation plan was developed.

A second permanency-planning order was entered on March 29, 2021. In that order,

the trial court changed the goal of the case from reunification to adoption. The trial court

found:

After considering the evidence, the available permanency planning dispositions, and the juvenile’s best interest, health, safety, and welfare, the Court finds that the goal of the case shall be adoption and parental rights will be terminated.

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Venson Mason v. Arkansas Department of Human Services and Minor Child
2022 Ark. App. 124 (Court of Appeals of Arkansas, 2022)

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