Basham v. Arkansas Department of Human Services
490 S.W.3d 330
Ark. Ct. App.2016Background
- DHS took emergency custody of D.B. (age 4) after a search of the home revealed methamphetamine, a firearm, a generally unsafe home environment, and D.B. present; D.B.’s father Charles tested positive for meth and was arrested. Ashley Basham was incarcerated in Texas at the time.
- D.B. was adjudicated dependent-neglected and placed in DHS custody. Ashley intermittently appeared at hearings but was repeatedly incarcerated during the case.
- DHS filed to terminate parental rights; the trial court initially granted termination but this court reversed for lack of appointed counsel for Ashley and remanded.
- On remand DHS again sought termination; after a hearing the circuit court found statutory grounds and that termination was in D.B.’s best interest, finding Ashley not credible and that returning D.B. posed potential harm.
- Ashley argued on appeal that she was not the cause of removal, had completed classes while incarcerated, maintained housing/employment and sober tests when not incarcerated, and had appropriate visits; she challenged only the sufficiency of evidence of potential harm.
- The court affirmed, reasoning that Ashley’s lengthy and recurring incarceration (likely lasting up to half the child’s life), poor contact with the child, lack of a stable parent-child relationship, and the child’s adoptability established forward-looking potential harm and supported termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court’s finding of potential harm from returning D.B. to Ashley is supported by clear and convincing evidence | Ashley: removal not caused by her; she completed classes in custody, maintained housing/employment and negative drug screens when free, visits appropriate — no proof she would harm child | DHS/Court: Ashley’s prolonged/incarcerative absences, instability, poor contact, and lack of a significant parent-child relationship create forward-looking potential harm; child adoptable | Affirmed: court found potential harm based on prolonged incarceration, instability, poor contact, and adoptability; termination in child’s best interest |
Key Cases Cited
- Fenstermacher v. Arkansas Dep’t of Human Servs., 426 S.W.3d 483 (Ark. Ct. App. 2013) (standard of review for termination appeals)
- Ullom v. Arkansas Dep’t of Human Servs., 992 S.W.2d 813 (Ark. Ct. App. 1999) (termination requires factual findings by clear and convincing evidence)
- Brewer v. Arkansas Dep’t of Human Servs., 43 S.W.3d 196 (Ark. Ct. App. 2001) (appellate review will not reverse absent clear error)
- Meriweather v. Arkansas Dep’t of Human Servs., 255 S.W.3d 505 (Ark. Ct. App. 2007) (must find statutory ground and best interest for termination)
- Hamman v. Arkansas Dep’t of Human Servs., 435 S.W.3d 495 (Ark. Ct. App. 2014) (statute intends permanency; prolonged delay while parent remedies issues can constitute harm)