Barris v. Ark. Dep't of Human Servs.
2017 Ark. App. 380
| Ark. Ct. App. | 2017Background
- DHS filed for emergency custody and dependency-neglect of KJ (b. 2011) after appellant Caroline Barris sent violent, threatening texts about harming KJ and exhibited erratic behavior.
- At removal contact, Barris had bloodshot eyes, difficulty focusing, and could not provide a urine sample for drug screening.
- KJ was adjudicated dependent-neglected (parental unfitness due to appellant’s instability) and placed out of Barris’s custody; DHS set reunification as the initial goal, later changed to adoption.
- Over the case period, Barris missed counseling and psychological-recommendation appointments, tested positive for opiates/oxycodone without a prescription, frequently changed housing, failed to provide income documentation, and had not visited KJ for over a year.
- DHS caseworker testified relatives foster-parenting KJ wished to adopt; DHS recommended termination as in KJ’s best interest.
- The circuit court found four statutory grounds for termination and terminated Barris’s parental rights; Barris appealed solely arguing insufficiency of the evidence to support the grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHS proved a statutory ground (adjudicated dependent-neglected, out of home 12+ months, and failure to remedy conditions) to terminate parental rights | Barris: DHS failed to provide timely services (counseling referral delayed) and thus did not prove DHS made meaningful rehabilitative efforts | DHS: Multiple facets of Barris’s instability (mental health, housing, employment, substance use, nonattendance at recommended treatment and visitation) persisted despite offered services; Barris’s delays were often self-caused | Court affirmed: clear-and-convincing evidence supported the ground—Barris failed to remedy parental unfitness due to ongoing instability; only one statutory ground required |
Key Cases Cited
- Dinkins v. Ark. Dep’t of Human Servs., 40 S.W.3d 286 (discussing de novo review in TPR appeals)
- J.T. v. Ark. Dep’t of Human Servs., 947 S.W.2d 761 (standard that appellate court reviews whether factfinder was clearly erroneous on clear-and-convincing findings)
- Schaible v. Ark. Dep’t of Human Servs., 444 S.W.3d 366 (factors for best-interest determination: adoptability and potential harm on return)
- Kerr v. Ark. Dep’t of Human Servs., 493 S.W.3d 342 (credibility determinations reserved for factfinder)
- Contreras v. Ark. Dep’t of Human Servs., 474 S.W.3d 510 (only one statutory ground necessary to terminate parental rights)
- Shawkey v. Ark. Dep’t of Human Servs., 510 S.W.3d 803 (court need not address all grounds once one is established)