Amorelle Best and John Best v. Arkansas Department of Human Services and Minor Children
611 S.W.3d 690
Ark. Ct. App.2020Background
- DHS removed three children (born 2014, 2015, 2018) after multiple domestic-violence incidents and parental drug use; probable-cause/adjudication orders found the children dependent-neglected.
- Parents John and Amorelle Best received a reunification case plan: stable housing/income, parenting/domestic-violence/anger-management classes, drug-and-alcohol assessment, random drug screens, and regular visitation.
- Throughout the 2017–2019 case both parents had repeated criminal incidents, unstable housing/employment, positive drug tests and inconsistent engagement with services; Amorelle had episodes of psychosis associated with methamphetamine use and was later medicated.
- DHS suspended visitation in December 2018 based on therapeutic recommendations; children were placed with paternal relatives who expressed willingness to adopt.
- DHS petitioned to terminate both parents’ rights (failure to remedy and aggravated circumstances); the juvenile court found aggravated circumstances and that termination was in the children’s best interest, and it denied post-termination "final visits."
- The Court of Appeals affirmed: aggravated circumstances proven by clear and convincing evidence, termination in children’s best interest, reasonable-efforts challenge rejected, and denial of final visit not an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of statutory grounds for termination | John/Amorelle: evidence was insufficient; reunification still possible | DHS: history of repeated domestic violence, substance abuse, noncompliance shows little likelihood services will work (aggravated circumstances) | Affirmed — aggravated circumstances proven by clear and convincing evidence |
| Best interest of the children | John: termination unnecessary; less-restrictive alternative (relative custody) exists. Amorelle: stabilized on medication, good prognosis | DHS: children need permanency; adoption likely; significant risk of physical/emotional harm if returned | Affirmed — termination is in the children’s best interest (adoptability and risk of harm supported finding) |
| Reasonable efforts to reunify (Amorelle) | DHS failed to provide timely psychiatric/psychological services and meaningful reunification services | DHS: aggravated-circumstances ground does not require showing meaningful reunification services | Affirmed — because aggravated circumstances support termination, the reasonable-efforts claim fails |
| Denial of final visit after termination (John) | Denial speculative; therapist had no direct final-visit experience so recommendation unreliable; court abused discretion | DHS/therapist: final visit would be detrimental; children had not seen parents in >1 year and visitation had been therapeutically suspended | Affirmed — court did not abuse discretion; denial based on children’s best interests and therapeutic recommendation |
Key Cases Cited
- Posey v. Ark. Dep’t of Health & Human Servs., 370 Ark. 500, 262 S.W.3d 159 (2007) (standard of review and clear-and-convincing proof in termination cases)
- Reid v. Ark. Dep’t of Human Servs., 2011 Ark. 187, 380 S.W.3d 918 (only one statutory ground required to support termination)
- McLemore v. Ark. Dep’t of Human Servs., 2018 Ark. App. 57, 540 S.W.3d 730 (aggravated-circumstances ground does not require proof of meaningful reunification services)
- Helvey v. Ark. Dep’t of Human Servs., 2016 Ark. App. 418, 501 S.W.3d 398 (child’s need for permanency can override parent’s request for more time)
- Clark v. Ark. Dep’t of Human Servs., 2019 Ark. App. 223, 575 S.W.3d 578 (preference for relative placement may be dispositive depending on facts)
- Bailey v. Ark. Dep’t of Human Servs., 2019 Ark. App. 134, 572 S.W.3d 902 (distinguishing which termination grounds require proof of reasonable reunification efforts)