Bair v. Ark. Dep't of Human Servs.
2016 Ark. App. 481
| Ark. Ct. App. | 2016Background
- DHS exercised an emergency hold after a hotline alleging sexual abuse by Billy Brown, the children's putative father, against RB.
- The children were adjudicated dependent-neglected on February 18, 2015, with DHS retaining custody and a reunification goal, plus concurrent adoption.
- DHS filed a petition to terminate Stefanie Bair's parental rights on January 7, 2016; the trial court terminated both parents' rights on March 16, 2016.
- Billy Brown was later cleared in criminal court of sexual-abuse charges, but this did not alter DHS findings about the DHS case.
- Stefanie remained in a romantic relationship with Billy, which was a primary concern supporting termination; the court found grounds and best interests supported termination.
- The appellate issue centers on whether the court could terminate Stefanie's rights based on grounds and best interests, and whether it sua sponte commented on constitutionality of a statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by sua sponte condemning statute constitutionality | Stefanie: court expressed unraised constitutional view | State: court's comments did not drive termination ruling | No reversible error; comments did not influence final decision |
| Whether termination was in the children's best interests | Adoptability and potential harm questioned | Court properly weighed adoptability and harm from continued relationship with Billy | Termination in children's best interests affirmed |
| Whether there was sufficient evidence of statutory grounds | Subsequent factors and aggravated circumstances lacked support | Evidence supported grounds for termination | Grounds supported; termination affirmed |
| Whether the grounds for termination were properly applied to Stefanie | Only one parent may be terminated under statute | Court correctly applied grounds to Stefanie | Statutory grounds supported termination of Stefanie's rights |
| Whether the trial court properly considered adoptability and potential harm | Adoptability uncertain; harm potential minimal | Adoptability strong; potential harm evident from past conduct | Best-interests determination upheld, adoptability established and potential harm found |
Key Cases Cited
- Hamilton v. Arleansa Dep't oJHuman Servs., 2016 Ark. App. 420 (Ark. App. 2016) (best-interest framework for termination decisions; two required findings)
- Painter v. Arkansas Dep't of Human Servs., 2013 Ark. App. 602 (Ark. App. 2013) (past conduct informs future risk in best-interest analysis)
- Shafer v. Arkansas Dep't of Human Servs., 2016 Ark. App. 208, 489 S.W.3d 182 (Ark. App. 2016) (clear and convincing standard; credibility findings reviewed)