Buckley v. Arkansas Department of Human Services
2017 Ark. App. 266
| Ark. Ct. App. | 2017Background
- Mother, Kristen Hall, strangled one child in front of the other children; all four children were removed from the home April 4, 2015 and adjudicated dependent-neglected.
- Father Joel Buckley was incarcerated for part of the case, released on parole, but failed to obtain stable housing, complete parenting classes, or comply with case plan requirements.
- The court permitted limited visitation but found Buckley attended sporadically and once appeared intoxicated during a visit; drug/alcohol screens showed recent alcohol and an unprescribed pain pill.
- DHS changed the permanency goal to adoption at the 15-month permanency hearing and later filed a petition to terminate Buckley’s parental rights on three statutory grounds.
- At the termination hearing the trial court found DHS had offered services, Buckley had not remedied the causes of removal, and terminated his parental rights. Buckley appealed only the sufficiency of evidence on the “subsequent other factors or issues” ground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported termination under the “subsequent other factors or issues” ground because DHS failed to provide appropriate services for Buckley’s alcohol problem | Buckley: DHS did not offer services addressing his alcohol issue, so the statutory element of providing appropriate family services was not met | DHS: The record shows meaningful efforts and offers of appropriate services; Buckley failed to preserve/appeal challenges to those findings | Court affirmed termination. Buckley waived the services argument by not raising it at trial and did not appeal prior meaningful-efforts findings; only one statutory ground is required and was supported by the record |
Key Cases Cited
- Griffin v. Ark. Dep’t of Health & Human Servs., 236 S.W.3d 570 (Ark. App. 2006) (standard of review in parental-termination appeals)
- Lee v. Ark. Dep’t of Human Servs., 285 S.W.3d 277 (Ark. App. 2008) (only one statutory ground is required to support termination)
- Yarbrough v. Ark. Dep’t of Human Servs., 501 S.W.3d 839 (Ark. App. 2016) (issues-preservation and meaningful-efforts findings affect appellate review)