Brown v. Arkansas Department of Human Services
2017 Ark. App. 497
| Ark. Ct. App. | 2017Background
- E.B., born February 6, 2015, was removed from mother’s care after testing positive for morphine and showing health issues; DHS obtained emergency custody and later adjudicated the child dependent-neglected.
- Father Timothy Brown was incarcerated at removal, later paroled to mother’s home, but did not comply with the case plan and ceased visiting in Nov. 2015.
- DHS changed the permanency goal to adoption in Feb. 2016 and filed to terminate parental rights as to Brown in Aug. 2016; Brown was served and represented at the Jan. 2017 termination hearing.
- DHS caseworker K.C. Oliver testified about E.B.’s diagnosis (laryngomalacia), medical treatments, improving health, bonding with foster family, and opined that E.B. is adoptable.
- No relatives (including Brown’s stepmother) testified or presented evidence of a kinship placement or existing parental-type relationship with E.B.
- The Crawford County Circuit Court terminated Brown’s parental rights on Feb. 24, 2017; Brown appealed solely challenging the best-interest/adoptability finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported a finding that the child is likely adoptable | Brown: caseworker’s brief statement was conclusory and insufficient under Grant/Kerr to prove adoptability | DHS: caseworker gave specific, child‑specific testimony about medical improvement and bonding supporting adoptability | Court: affirmed — caseworker’s detailed testimony about health improvement and bonding was sufficient to support adoptability |
| Whether termination was in the child’s overall best interest given alleged available relatives | Brown: relatives (e.g., stepmother) were available to provide permanency; termination severs those ties | DHS: no evidence relatives had an existing custodial or in-loco-parentis relationship or presented placement evidence | Court: affirmed — no evidence relatives had an established parental relationship or a placement plan; termination in child’s best interest |
Key Cases Cited
- Grant v. Arkansas Department of Human Services, 378 S.W.3d 227 (Ark. Ct. App.) (caseworker’s conclusory "all children are adoptable" opinion insufficient)
- Kerr v. Arkansas Department of Human Services, 493 S.W.3d 342 (Ark. Ct. App.) (child’s desire to be adopted is not evidence of adoptability)
- Caldwell v. Arkansas Department of Human Services, 484 S.W.3d 719 (Ark. Ct. App.) (relative custody and in-loco-parentis relationships can affect best-interest analysis)
- Miller v. Arkansas Department of Human Services, 492 S.W.3d 113 (Ark. Ct. App.) (best-interest factors include adoptability and potential harm if returned to parent)
- Harbin v. Arkansas Department of Human Services, 451 S.W.3d 231 (Ark. Ct. App.) (standard of review and proof in termination cases)
- Stanley v. Arkansas Department of Human Services, 507 S.W.3d 544 (Ark. Ct. App.) (adoptability finding may be supported by testimony specific to the juvenile’s characteristics)