Villasaldo v. Arkansas Department of Human Services

2014 Ark. App. 465, 441 S.W.3d 62, 2014 Ark. App. LEXIS 638
CourtCourt of Appeals of Arkansas
DecidedSeptember 17, 2014
DocketCV-13-834
StatusPublished
Cited by9 cases

This text of 2014 Ark. App. 465 (Villasaldo 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
Villasaldo v. Arkansas Department of Human Services, 2014 Ark. App. 465, 441 S.W.3d 62, 2014 Ark. App. LEXIS 638 (Ark. Ct. App. 2014).

Opinion

BILL H. WALMSLEY, Judge.

| lAppellant Samantha Villasaldo appeals from the Sebastian County Circuit Court’s termination of her parental rights to her son J.G. (DOB: 4-9-2010). 1 Villasaldo argues that there was insufficient evidence to support termination. We affirm.

On April 4, 2011, the Arkansas Department of Human Services (DHS) filed a petition for emergency custody and dependency-neglect based on allegations that J.G. had sustained a skull fracture and several broken ribs. J.G. was adjudicated dependent-neglected on September 15, 2011, due to physical abuse by an unknown offender and for both parents’ failure to protect their son. 2 DHS was ordered to provide services to Villasaldo, including | ^active-parenting classes, parenting-without-violence classes, psychological evaluations, and counseling.

On December 11, 2012, DHS filed a petition for termination of Villasaldo’s parental rights on grounds that J.G. had been adjudicated dependent-neglected, remained outside his mother’s custody in excess of one year, and, despite a meaningful effort by DHS to rehabilitate her, Villa-saldo had not remedied the conditions that caused the child’s removal; 3 that other factors or issues arose subsequent to the filing of the original petition that demonstrated that returning the child to Villasal-do’s custody was contrary to the health, safety, or welfare of J.G.; 4 and that J.G. was subjected to aggravated circumstances based on the severity of his injuries and because it was unlikely that additional services would result in successful reunification with Villasaldo. 5

A termination hearing was held on February 13, 2013. Dr. Karen Farst, who examined J.G. at Arkansas Children’s Hospital on April 1, 2011, testified that he suffered a complex skull fracture and five broken ribs. She testified that such injuries were not typically caused by routine household accidents, and she opined that the injuries resulted from one or two incidents of child abuse. Dr. Farst testified that the parents gave no history that could account for J.G.’s injuries. According to Dr. Farst, there was virtually no change in Villasaldo’s demeanor when she was informed that her baby had been physically abused.

| ¡¡Villasaldo testified that she had fully complied with the case plan implemented by DHS. She confirmed that, around the time J.G. was injured, she was living with her parents and minor brother and that at times Guzman lived with them. Villasaldo testified that her family told her that they had no knowledge of the abuse and that Guzman did not provide a credible explanation for J.G.’s injuries. Villasaldo testified that she was not certain that Guzman had physically abused J.G. because she did not see what happened.

Dr. Nancy Powell, a clinical psychologist, evaluated Villasaldo in January and August 2012. Dr. Powell testified that the results of the first evaluation were invalidated because Villasaldo had “gone way over the line with attempting to look good on her test.” Dr. Powell noted, however, that a different section of the test revealed that Villasaldo had a serious deficit with respect to her ability to feel empathy for her child. A second evaluation showed that Villasaldo was still in a significantly high-risk category for her lack of empathy. According to Dr. Powell, while the test results indicated that Villasaldo did not appear to be a potential child abuser, it was possible that Villasaldo had simply learned how to better answer the questions to stay within acceptable limits on the test. Dr. Powell further stated that Villasaldo’s lack of empathy was consistent with a parent who fails to protect her child, and she opined that J.G. would be at risk if returned to Villasaldo’s custody.

Melissa Dancer, a family-service worker with DHS, testified that Villasaldo did not express outrage that someone had abused J.G. and she did not request that DHS find the perpetrator of the abuse. Also, Dancer noted that Villasaldo did not distance herself from those who had access to, and may have abused, J.G. Dancer said that, as of the date of the hearing, |4DHS was still unaware who caused J.G.’s injuries, which made it difficult to address the problem that caused the child to be removed from Villasaldo’s custody. Dancer further testified that, at minimum, Villasaldo failed to protect J.G. and that returning him to her custody would put the child in danger.

The trial court found that J.G. had been out of Villasaldo’s custody for twenty-two months; that Dr. Farst’s testimony that J.G.’s injuries were the result of child abuse was credible; that Villasaldo- was J.G.’s primary caregiver; and that Villasal-do did not appeal the court’s prior finding that she had failed to protect her son. The trial court added that

[t]he court’s finding that the juvenile was dependent/neglected as a result of abuse and neglect, and that the neglect, in and of itself, with a parent identified as the offender, could have endangered the life of the juvenile is actually a separate ground for termination of parental rights as set forth [in] A.C.A. 9-27-341(b)(3)(B)(vi)(a). There would have been no requirement for twelve. (12) months of services to attempt to rehabilitate these parents. They have been provided with considerably more than was required by law to give them an opportunity to have the child returned to them. 6

The trial court further found that, while Villasaldo had technically complied with the case plan, the condition that caused J.G.’s removal from her home was not resolved given that the identity of the person who caused J.G.’s injuries was still unknown. The trial court found that Villa-saldo’s lack of empathy posed a significant risk to J.G. such that he could not be safely returned to her custody. The trial court concluded that termination of Villa-saldo’s parental frights was in J.G.’s best interest.

Termination of parental rights is an extreme remedy in derogation of the natural rights of the parents, but parental rights will not be enforced to the detriment or destruction of the health and well-being of the child. Gwinup v. Ark. Dep’t of Human Servs., 2014 Ark. App. 337, 2014 WL 2443050. Termination of a parent’s rights must be based on clear and convincing evidence that it is in the best interest of the child, considering the likelihood that the child will be adopted if the parent’s rights are terminated and the potential harm caused by returning the child to the custody of the parent. ArkCode Ann. § 9-27-341(b)(3)(A) (Supp.2013). The court must also find one of the grounds outlined in Arkansas Code Annotated section 9-27-341(b)(3)(B). Grounds for termination of parental rights must be proved by clear and convincing evidence. Gwin-up, supra. Clear and convincing evidence is that degree of proof that will produce in the fact-finder a firm conviction as to the allegation sought to be established. Id.

We review termination-of-parental-rights cases de novo. Gwinup, supra.

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Bluebook (online)
2014 Ark. App. 465, 441 S.W.3d 62, 2014 Ark. App. LEXIS 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/villasaldo-v-arkansas-department-of-human-services-arkctapp-2014.