Allison v. Ark. Dep't of Human Servs.
2017 Ark. App. 424
| Ark. Ct. App. | 2017Background
- DHS removed AA1 (5) and AA2 (3) from mother Katie Alverson after finding the children dirty, unclothed for weather, lice-infested, and the mother intoxicated with drugs and syringes present; Allison (father) was not present at removal.
- DHS filed a dependency-neglect petition as to Allison; he did not participate initially, was adjudicated noncustodial father, and was ordered case-plan tasks (housing, employment, parenting, drug screens, assessments, visitation, child support).
- Allison largely failed to comply: he missed hearings, spent significant time jailed, made no visits during the pendency of the case, paid no child support (arrears > $12,000), and completed no services.
- At the 15-month review the court changed the goal to adoption, authorized DHS to seek termination, and appointed counsel for Allison; DHS filed a termination petition alleging multiple statutory grounds.
- At the termination hearing DHS presented evidence the children were thriving in foster care and adoptable; Allison testified he had not visited, was incarcerated with concurrent sentences, denied addiction, and gave various explanations for noncompliance.
- The trial court terminated Allison’s parental rights on five statutory grounds and found termination was in the children’s best interests; Allison appealed but raised no pro se points after counsel filed a no-merit brief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court could conform pleadings to proof over Allison's lack-of-notice objection | DHS: conform pleadings to proof to reflect evidence presented at hearing | Allison: lacked notice that pleadings would be conformed to include grounds proved at trial | Court: omission not meritorious; even if error claimed, other proven statutory grounds justified termination |
| Whether statutory grounds supported termination (failure to remedy conditions / 12-months out of home) | DHS: children were out of home 12+ months and Allison failed to remedy conditions despite services | Allison: argued lack of participation partly due to incarceration and claimed mother handled case plan | Court: evidence supported ground — children out 12+ months and Allison failed to remedy condition |
| Whether abandonment / willful failure to support or maintain contact was proven | DHS: Allison willfully failed to provide material support or meaningful contact despite means | Allison: claimed lack of notice and that mother’s involvement excused him | Court: proven — no visits, no child support, and intention to permit condition to continue supported abandonment and willful failure grounds |
| Whether termination was in children’s best interest | DHS: children were thriving, adoptable, and foster family wanted to adopt | Allison: argued desire to parent and asserted future release and plans | Court: best-interest finding supported by record; termination affirmed |
Key Cases Cited
- Linker-Flores v. Arkansas Dep’t of Human Servs., 359 Ark. 131, 194 S.W.3d 739 (2003) (governs no-merit briefing and counsel-withdrawal procedure in termination appeals)
- Houseman v. Arkansas Dep’t of Human Servs., 491 S.W.3d 153 (Ark. App. 2016) (appellate review in termination cases may affirm despite omitted adverse rulings when ruling lacks merit)
- Sartin v. State, 362 S.W.3d 877 (Ark. 2010) (distinguishes requirement for rebriefing in criminal cases from termination cases)
- Dinkins v. Arkansas Dep’t of Human Servs., 344 Ark. 207, 40 S.W.3d 286 (2001) (standards for appellate review in parental-termination appeals)
- Del Grosso v. Arkansas Dep’t of Human Servs., 521 S.W.3d 519 (Ark. App. 2017) (only one proven ground is needed to support termination)