Wafford v. Arkansas Department of Human Services

2016 Ark. App. 299, 495 S.W.3d 96, 2016 Ark. App. LEXIS 323
CourtCourt of Appeals of Arkansas
DecidedJune 1, 2016
DocketNo. CV-15-932
StatusPublished
Cited by15 cases

This text of 2016 Ark. App. 299 (Wafford 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
Wafford v. Arkansas Department of Human Services, 2016 Ark. App. 299, 495 S.W.3d 96, 2016 Ark. App. LEXIS 323 (Ark. Ct. App. 2016).

Opinion

M. MICHAEL KINARD, Judge

| Appellants Tiffany Wafford and Freddie Miles appeal the termination of their parental rights to their three children, DJM, DM, and TM. They have filed separate briefs on appeal challenging the trial court’s findings that termination was in the children’s best interest and that statutory grounds for termination were proved. We affirm.

The Department of Human Services (DHS) took custody of the children at different times, and the cases initially proceeded separately. TM was taken into custody after she was born on September 10, 2013, with drugs in her system. Waf-ford tested positive for amphetamines and barbiturates but denied drug use. Waf-ford was then incarcerated on a probation violation on September 18. DM, born August 30, 2012, was removed from Miles’s custody on September 23, 2013. Miles refused to take a drug test and acknowledged that he had stopped taking medication for his mental-health diagnosis. There was also | ^evidence of medical neglect. DM had been diagnosed with “failure to thrive” but had not returned to the doctor since he was eleven weeks old, had not received immunizátions since he was two months old, and had an untreated ear infection. DJM, born March 26, 2008, had been placed in the custody of Wafford’s mother, Belinda Brown, since 2009. DJM Wcjs removed from Brown’s custody in April 2014 after Brown failed drug tests and refused to cooperate with DHS in a protective-services case. All three children were adjudicated dependent-neglected.

According to Wafford, she violated her probation for fraudulent use of a credit card by failing to report and make payments as ordered, and she was sentenced to. three years’, imprisonment. After her arrest in September 2013, she remained incarcerated until September 2014. Miles submitted to a psychological evaluation but otherwise failed to comply with the case plan while Wafford was incarcerated. After an initial mental-health evaluation, Miles was diagnosed with major depressive disorder, recurrent, in partial remission, and it was recommended that he undergo a psychiatric evaluation. At a December 2013 psychological evaluation, Miles reported that he was uncertain of his mental diagnosis for which he received disability benefits. He also reported a history of numerous drug and domestic-violence charges. This evaluation resulted in a diagnosis of personality disorder with passive/aggressive, dependent, and schizoid features. The examiner stated in his report that it was difficult to see how Miles could be an adequate caregiver. without intensive psychotherapy, and this would have to be in conjunction with maintaining sobriety.

At an August 2014 permanency-planning hearing, Wafford testified that she would lasoon be released from prison to a halfway house. The trial court authorized a plan for custody of DM and TM to be placed with Wafford after her release from the halfway house. The court ordered her to obtain safe and appropriate housing and to obtain employment. Miles was still not in compliance with the case plan.

The anticipated reunification with Waf-ford did not occur. Wafford- left the halfway house early, married Miles on October 1, 2014, and began living with Miles. A DHS court report dated October 31, 2014, noted that Wafford’s case plan ordered her to establish independent living arrangements separate from Miles. At. the November 5, 2014 review hearings, the court found that Wafford had failed to obtain a residence separate from Miles, had not provided proof of employment, and had missed her appointment for a psychological evaluation. The court ordered her to do these things and to complete counseling if recommended. Miles tested positive for methamphetamine twice in October and still failed to attend counseling. The court found .that although she was currently clean, Wafford was jeopardizing her sobriety by living with Miles. DHS filed a petition to terminate the parties’ rights to DM and TM in November 2014; the petition for termination of their rights to DJM was filed in February 2015.

At the termination hearing, Wafford testified that she had used methamphetamine since she was “a kid” but claimed she had not used any drugs since her release irom prison. Wafford had tested positive once since her release, but she disputed the results, claiming that she had never used cocaine and that she had tested negative for her parole officer. Byron Woods, a DHS family service worker, testified that Wafford did not complete any programs |4at the halfway house. She did, however, complete outpatient drug counseling and aftercare.in-March 2015. Wafford admitted that she had not been to NA meetings in a while, but she,-intended to go again.

Wafford acknowledged that, - like TM, DJM was born with drugs in her system and a case had been opened in California where they were living. Wafford said that she gave DJM to Brown when the child was nine months old because she was in trouble regarding probation in- California and at one point served a nine-month sentence. there. Wafford acknowledged that she never completed parenting classes or a psychological evaluation but claimed they had not been rescheduled by DHS. She said that she had made some job applications but had not been employed since being paroled. She planned to seek disability benefits for her asthma condition, which had caused several hospitalizations. She did not have a driver’s license or a vehicle. Woods agreed with Wafford that the home the parties were living in was suitable.

Woods testified that Miles’s compliance was highly sporadic for more than a year. He had numerous positive drug tests and often evaded testing. Miles testified that he had used methamphetamine for ten or fifteen years but he had refused to enter drug treatment because he did not like the therapist and would not have been allowed to continue taking prescription pain medication for a knee condition. However, Miles said that he had attended aftercare and NA meetings with Wafford and.was no longer using drugs. His last positive test was on October 31, 2014.

pMiles received disability benefits for mental disabilities and testified that he went to a mental-health clinic for medication management. He claimed that he did' not need coünseling. He never took parenting classes and failed to consistently visit the children while Wafford was incarcerated. He was on probation for forgery and had an upcoming probation-revocation hearing due to nonpayment. • He admitted that there had been domestic violence between him and Wafford, but he claimed that the last instance had occurred about two years earlier.

The termination of parental rights is a two-step process. The trial court must find by clear and convincing evidence (1) the existence of one or more statutory grounds for termination and (2) that termination is in the best interest of the children. Chaffin v. Arkansas Department of Human Services, 2015 Ark. App. 522, 471 S.W.3d 251. On appeal, sufficiency of the evidence is determined by whether the trial court’s finding that the fact was proved by clear and convincing evidence is clearly erroneous. Id. A finding is clearly erroneous when the appellate court is, on the entire evidence, left with a definite and firm conviction that a mistake has been made. Id. In deciding whether a finding of the trial court is clearly erroneous, we give great deference to the superi- or opportunity of the trial court to observe the parties and to judge the credibility of witnesses. Id.

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Bluebook (online)
2016 Ark. App. 299, 495 S.W.3d 96, 2016 Ark. App. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wafford-v-arkansas-department-of-human-services-arkctapp-2016.