Bonner v. Ark. Dep't of Human Servs. & Minor Children
544 S.W.3d 90
Ark. Ct. App.2018Background
- DHS removed LR, AR, and CR after reports in May 2016 that Mickie physically abused LR and that LR and AR had engaged in sexualized conduct recorded on a phone; the children were adjudicated dependent-neglected.
- A trial home placement returned the children to Ashley and Mickie in early 2017, but DHS removed them again in February 2017 after new allegations that Mickie hit AR.
- DHS changed the permanency goal to adoption in April 2017 and filed petitions to terminate both parents’ rights in May 2017, alleging failure to remedy, subsequent factors, and aggravated circumstances.
- At the August 2017 termination hearing, DHS caseworker testified the children were adoptable and that the central safety concern was repeat physical abuse by Mickie and Ashley’s failure to protect.
- Parents had completed services (counseling, parenting, anger management) and attended visits, but DHS and the court found the repeat removal after reunification showed services were unlikely to prevent future harm.
- The trial court terminated both parents’ rights; both appealed. The appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHS failed to provide meaningful/ reasonable reunification services to Mickie and failed to prove noncompliance with the case plan | Mickie: DHS did not make meaningful/ reasonable rehabilitation efforts and failed to prove he didn't comply | DHS: Termination also rests on aggravated circumstances that do not require proof of services; services were provided but safety remained the paramount issue | Affirmed on aggravated-circumstances ground for Mickie; because that ground does not require proof of services and was unchallenged, termination upheld |
| Whether termination of Mickie’s parental rights was in children’s best interest | Mickie: Termination not in children’s best interest | DHS: Children are adoptable and there is a risk of repeated physical abuse if returned | Affirmed — children adoptable and repeat removal shows potential harm if returned |
| Whether evidence supported termination of Ashley’s parental rights under statutory grounds | Ashley: Insufficient evidence to prove failure to remedy, subsequent factors, or aggravated circumstances | DHS: Grounds proven, particularly aggravated circumstances based on failure to protect after reunification | Affirmed — aggravated-circumstances ground proved as Ashley failed to protect children after reunification |
| Whether termination of Ashley’s parental rights was in children’s best interest | Ashley: Termination not in children’s best interest; she requested more time | DHS: Children are adoptable and returning them poses potential harm due to parental failure to protect | Affirmed — adoptability and risk of harm support termination |
Key Cases Cited
- Holloway v. Arkansas Dep't of Human Servs., 535 S.W.3d 693 (Ark. Ct. App. 2017) (standard of review and best-interest considerations in TPR appeals)
- Benedict v. Arkansas Dep't of Human Servs., 242 S.W.3d 305 (Ark. Ct. App. 2006) (unchallenged statutory grounds may alone support affirmance)