Blanchard v. Arkansas Dep't of Human Services
2012 Ark. App. 215
| Ark. Ct. App. | 2012Background
- Kenneth Blanchard’s parental rights to B.B. (born 1997), L.B. (1997), and S.B. (2000) were terminated by the Madison County Circuit Court on Sept. 2, 2011.
- L.B. reported sexual abuse by Blanchard in Jan. 2010; DHS investigated and removed all three children.
- L.B. was deemed credible; B.B. questioned credibility; S.B. initially not sure but later statements emerged.
- Children were adjudicated dependent-neglected and removed from parental custody; DHS pursued reunification and adoption goals.
- The court found sexual abuse by Blanchard and that the children faced substantial risk of harm; DHS to obtain Oregon file, and mother’s contact was limited.
- A 2011 TPR hearing concluded that termination was in the girls’ best interests, including adoptability considerations; Blanchard’s rights were terminated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TPR was proper on statutory grounds | Blanchard argues grounds lack merit | State argues grounds proven by clear and convincing evidence | Statutory grounds proven; no reversible error on this prong |
| Whether the best-interests finding supports TPR | Best interests not clearly shown | Court properly weighed adoptability and potential harm | Court did not err; clear and convincing evidence supports best-interests finding |
Key Cases Cited
- Lee v. Ark. Dep’t of Human Servs., 102 Ark.App. 337, 285 S.W.3d 277 (Ark. 2008) (best-interest analysis may consider adoptability and potential harm without requiring clear and convincing evidence for each factor)
- McFarland v. Ark. Dep’t of Human Servs., 91 Ark.App. 323, 210 S.W.3d 143 (Ark. 2005) (no requirement that best-interest factors be proven by clear and convincing evidence)
- Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207, 40 S.W.3d 286 (Ark. 2001) (established authorities cited in TPR context)
- Yarborough v. Ark. Dep’t of Human Servs., 96 Ark.App. 247, 240 S.W.3d 626 (Ark. App. 2006) (cited in best-interest discussion)
- Gregg v. Ark. Dep’t of Human Servs., 58 Ark.App. 337, 952 S.W.2d 183 (Ark. App. 1997) (early authority on TPR standards)