Watson v. Dietz

702 S.W.2d 407, 288 Ark. 111, 1986 Ark. LEXIS 1702
CourtSupreme Court of Arkansas
DecidedJanuary 27, 1986
Docket85-211
StatusPublished
Cited by1 cases

This text of 702 S.W.2d 407 (Watson v. Dietz) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watson v. Dietz, 702 S.W.2d 407, 288 Ark. 111, 1986 Ark. LEXIS 1702 (Ark. 1986).

Opinion

Robert H. Dudley, Justice.

Appellee, the Administrator of Adoption Services for Arkansas Social Services, filed a petition in probate court for appointment of a guardian with power to consent to adoption without notice to, or consent of, the natural parent. The trial court granted the petition and terminated the parental rights of appellant. We affirm.

The petition alleged, and the trial court found, that placing three of appellant’s illegitimate children in her custody would raise a substantial risk of serious harm to the children. The trial court recited three reasons for his decision. Each of the three. reasons constitutes a valid reason to grant the petition. See Ark. Stat. Ann. §§ 56-128(F)2.a.i.; 56-128(F)3.; and 56-128(H) (Supp. 1985). The appellant contends that the evidence is insufficient to show that she is an unfit mother. We affirm on the issue of the sufficiency of the evidence, and we need discuss only one of the three reasons given, since any one of them is sufficient to uphold the ruling.

One of the reasons given by the trial court to show that appellant is unfit is that placing the children in the custody of the appellant would raise a substantial risk of serious harm to the children because the appellant is irremediably unable to provide for the basic needs of the children over an extended period of time. See Ark. Stat. Ann. § 56-128(F)3. (Supp. 1985).

A summary of the family members and their ages is as follows. The appellant was born on July 20,1964. Her first child, Tichia, was born on July 12,1976, a few days before the appellant reached her twelfth birthday. The putative father lives in Chicago and does not contribute to the child’s support. Tichia, now nine years old, was first placed in a foster home at fifteen months of age, and now has lived in a foster home for over seven of her nine years. The second child, Visa, was born June 5, 1978, when appellant was thirteen years old. The putative father is in the penitentiary and does not contribute to the support of the child. Visa is now seven years old and has been in a foster home for all but six months of her life. The third child, Mary Ann, was born July 23,1979, when appellant was fifteen. Her putative father is also in the penitentiary and does not contribute to her support. She is six years of age and has been in a foster home for all but ten months of her life.

The dynamics of the family life which led to this case are as follows. In October 1977, Social Services received a report that appellant and five other children were destitute and alone in the home of appellant’s mother. Upon investigating, a representative of the agency found appellant, then thirteen, with her brothers, sisters, and her own one year old child, Tichia, in her mother’s house without gas, water, or food. At the time, appellant’s mother was incarcerated. Foster placement was ordered, but, when the mother was released from jail, appellant and her child were returned to appellant’s mother. In February, 1978, appellant, then fourteen, and her child were ordered placed in foster care. At that time, it was learned that appellant and Tichia both had a social disease, and that appellant was again pregnant. Appellant was placed in the Florence Crittenden Home for Unwed Mothers. She soon ran away from the home. Shortly thereafter, she entered the University Medical Center, where Visa was born. Her first child, Tichia, was then placed in one foster home, while appellant and Visa were placed in another. Appellant took her new baby and ran away. The baby was later located and returned to foster care.

Appellant, who by this time was 14 years old, began living with a 33 year old man by whom she soon had her third child, Mary Ann.

The evidence which demonstrates the inability of the appellant to meet the needs of the children is summarized as follows. In 1980, Social Services attempted to stabilize the family situation. Custody of the two older children was returned to appellant, with the agency retaining supervisory custody. At that point, the appellant had not lost custody of the youngest child. The arrangement soon gave the employees of Social Services cause for apprehension. One testified, “The on-going safety of proper supervision was of great concern to me. No amount of discussion with Ernestine [appellant’s mother] or Irma [appellant] produced any real changes for the better.” The agency representative described some of the causes for concern: She had purchased safety gates for the kitchen and stairwells since there were several toddlers, and she had also secured two baby beds for the youngest, yet, none of these items were ever used. She visited the home almost daily and many times found “Mary Ann left unattended on the sofa or stuck in a box off in the corner getting no attention from anyone,” On one occasion, she caught Mary Ann just as she was about to roll off of the sofa onto the concrete floor. She discovered there had been a grease fire in the kitchen which had caused extensive damage. It had been caused by leaving the gas jets on full blast to heat the house.

The Social Services’ representative testified that Visa received splash and dip burns to her foot and leg while playing unsupervised with the younger children in an upstairs bathroom. Visa was hospitalized for several weeks and she also received treatment for an old burn on her arm the size of a quarter. She required follow-up care at the burn unit of Children’s Hospital. The representative stated, however, that “it was impossible to get Ernestine or Irma to see the importance of the follow-up appointments, and they missed several.”

During this period Tichia had to be hospitalized for a staph infection all over her body. The Social Services’ representative testified that she helped get funds for medicine upon the child’s release and tried to monitor the administration of medicine on her daily visits, but subsequently she found the bottle half full because appellant had not given the child the prescribed amount.

The representative of the agency testified that the cribs were full of dirty bedding, and were never used. When the gas for heating was turned off by the utility company, an electric hot plate was continuously left on the high setting for heat. “Another matter of great concern was the male traffic, the drinking and the violence in the home.”

During the period following Visa’s release from the hospital, appellant and the representative of Social Services discussed a rehabilitation plan for Irma. Appellant decided she wanted to go back to school, and she enrolled in Booker Junior High School where she stayed for only five days. The representative stated that the deciding factor in the decision to remove the children came on April 15,1980, when she made a routine home visit and found the children at home alone. Tichia was playing with fish hooks and a tackle box. The electrical hot plate was sitting on the coffee table and was red hot. She found Visa, in diapers, sitting on an electrical cord with a dishpan of dirty water next to her. Mary Ann was in the same room in a playpen. She was crying. She had a thick mucous caked under her nose and a pus-like substance on her neck. She had a circle around her neck of what appeared to be a raw-type infection. She was hot to the touch, flushed, and appeared sick.

Appellant later took the children to her aunt’s house.

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Related

Midgett v. Arkansas Department of Human Services
785 S.W.2d 21 (Supreme Court of Arkansas, 1990)

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Bluebook (online)
702 S.W.2d 407, 288 Ark. 111, 1986 Ark. LEXIS 1702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-dietz-ark-1986.