Burns v. Arkansas Department of Human Services
429 S.W.3d 366
Ark. Ct. App.2013Background
- Children were removed after DHS substantiated abuse of one child and documented a hazardous home; an adjudication order (Mar. 7, 2012) found the children dependent-neglected and removed them from Janice Burns’s custody.
- Multiple review hearings followed; on Nov. 14, 2012 Nancy Swiney was granted temporary custody of D.S.; DHS had previously found Burns’s drug screens inconsistent and her credibility problematic.
- Burns had unstable housing, limited employment/income, and intermittent contact with DHS after the case transferred to Helena in Oct. 2012.
- At the Jan. 10, 2013 permanency-planning hearing DHS caseworker Marice Bragg recommended permanent custody with the paternal grandparents (the Swineys) and closing the case; Bragg testified Burns failed to provide rehabilitation documentation, proof of income, or reliable contact information.
- Burns testified she was in residential rehab, had completed parenting classes, and expected discharge shortly; she argued DHS failed to provide adequate services after transfer.
- The trial court denied Burns’s motions (dismissal and directed verdict), found Burns had not complied with the case plan or maintained stable housing, questioned her credibility, awarded permanent custody to the Swineys, and closed the case. Burns timely appealed.
Issues
| Issue | Burns’s Argument | DHS’s/Swineys’ Argument | Held |
|---|---|---|---|
| Whether the court erred by not following the statutory permanency preference (return within 3 months) | Burns: She was making measurable progress and D.S. could be returned within three months | DHS: Evidence showed instability, lack of documentation, and need for immediate permanency | Court: Argument not preserved at trial; even on merits, evidence supports permanency with Swineys; affirmed |
| Whether DHS failed to provide reasonable services after case transfer, vitiating permanency decision | Burns: DHS provided inadequate services after transfer to Helena, preventing compliance | DHS: Prior reasonable-efforts findings (not appealed) stand; for the interval in question, Burns failed to keep DHS informed so services were hindered | Court: Prior reasonable-efforts findings preclude review for earlier periods; for the November 2012–Jan. 2013 interval, trial court’s finding that Burns impeded services was not clearly erroneous; affirmed |
| Sufficiency of evidence / credibility determinations supporting permanent custody | Burns: Evidence did not show a sufficient change of circumstances to alter the goal | DHS/Trial Court: Credibility problems, ongoing instability, lack of rehab proof, and children’s need for permanency | Court: Standard is preponderance; trial court’s credibility assessments and factual findings are given deference and are not clearly erroneous; affirmed |
Key Cases Cited
Anderson v. Ark. Dep’t of Human Servs., 385 S.W.3d 367 (Ark. Ct. App. 2011) (standard of review and deference to trial court credibility findings in dependency–neglect proceedings)
Scudder v. Ramsey, 2013 Ark. 115 (Ark. 2013) (cited for preservation rule)