Bunch v. Arkansas Department of Human Services
2017 Ark. App. 374
| Ark. Ct. App. | 2017Background
- In April 2015 DHS removed Haylee Bunch’s two children after a domestic-disturbance arrest of both parents; children were placed with maternal grandmother Monica Bunch and remained there throughout the case.
- The juvenile court adjudicated dependency-neglect, set a reunification plan, and ordered services (counseling, drug screens, employment, housing, visitation).
- Permanency-planning (Apr 2016) found Haylee had largely complied with the case plan; a 15-month review (Sept 2016) changed the goal to termination/adoption, citing partial compliance, unstable living situation, and an April 2016 altercation in which Haylee admitted marijuana use.
- DHS petitioned to terminate parental rights; trial court found statutory grounds under Ark. Code Ann. § 9-27-341(b)(3)(B) and concluded termination was in the children’s best interest, noting grandmother’s willingness to adopt.
- At the termination hearing Haylee testified she lived with a friend, had worked intermittently, had a single positive marijuana test in April 2016 but subsequent negatives, was bonded to the children, and sought more time to reunify; DHS caseworker supported termination because of Haylee’s limited housing, employment, and transportation and because adoption by the grandmother would maintain family ties.
- The appellate majority reversed, holding the trial court clearly erred on best interest grounds given (1) the children’s stable placement with a willing relative, (2) strong parent–child bonding, and (3) lack of urgency because adoption by the grandmother would preserve stability and contact with Haylee. Two judges dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was in children’s best interest | Haylee: termination not in best interest because children are bonded to her, settled with grandmother, and she was making progress; she sought more time to reunify | DHS: termination in best interest due to Haylee’s unstable housing, unemployment, transportation issues, legal history, and risk from prior domestic incidents; grandmother willing to adopt | Reversed: court held trial court clearly erred — relative placement and strong bond weighed against urgency for termination |
| Whether permanency required termination despite relative placement | Haylee: permanency can be achieved with grandmother without terminating parental rights; adoption not necessary for stability | DHS: permanency through adoption preferable; parental deficiencies made return unreasonable within a child-centered timeframe | Held for Haylee: placement with grandmother reduced the urgency for termination and favored additional time for reunification |
| Weight of single/remote substance-use incident | Haylee: one remote positive test and subsequent negatives show compliance and rehabilitation | DHS: drug history and related legal issues support concern for children’s safety | Held for Haylee: court emphasized limited and remote marijuana use with subsequent clean tests; not dispositive of best interest here |
| Role of parent–child bond in best-interest analysis | Haylee: strong bond favors preserving parental rights and allowing more time | DHS: bond exists but does not overcome risks and practical barriers to return | Held for Haylee: bond, coupled with relative custody, significantly undercut the need for termination |
Key Cases Cited
- Dunn v. Arkansas Department of Human Services, 480 S.W.3d 186 (Ark. Ct. App. 2016) (standard of review and proof in termination appeals)
- M.T. v. Arkansas Department of Human Services, 952 S.W.2d 177 (Ark. Ct. App. 1997) (clear-and-convincing-evidence definition and termination principles)
- Cranford v. Arkansas Department of Human Services, 378 S.W.3d 851 (Ark. Ct. App. 2011) (reversing termination where children remained with relatives and grandparents favored parental contact)
- McElwee v. Arkansas Department of Human Services, 489 S.W.3d 704 (Ark. Ct. App. 2016) (domestic abuse, substance issues, and incarceration can support termination even with relative placement)