2013 Ark. App. 508
Ark. Ct. App.2013Background
- DHS sought emergency custody of L.J.C. in Feb 2010 based on L.C.'s death and L.D.'s severe injuries in Calahan home.
- L.J.C. was adjudicated dependent/neglected in April 2010; permanency planning in Feb 2011 shifted goal from reunification to termination.
- A termination petition was filed Apr 2011 and a hearing was held Sept 2012.
- Trial court found grounds to terminate under Ark. Code Ann. § 9-27-341(b)(3) and that termination was in L.J.C.'s best interest; L.J.C. was adoptable.
- Siblings' abuse and injuries in Calahan custody supported finding that return would endanger health/safety; DHS presented corroborating evidence, including L.C.'s death.
- Calahan pursued a no-merit appeal; counsel was relieved; the court affirmed termination and allowed withdrawal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the termination grounds supported by clear and convincing evidence? | Calahan argues insufficient evidence of grounds. | DHS contends multiple grounds established, including endangerment if returned. | Yes; one or more grounds supported by clear and convincing evidence. |
| Is termination in L.J.C.'s best interest based on the evidence? | Calahan asserts best interests require reunification consideration. | DHS shows adoptability and substantial risks if returned to Calahan. | Yes; termination in best interest supported. |
| Were there reversible evidentiary rulings or procedural issues affecting the outcome? | Calahan challenges several evidentiary rulings as errors. | DHS argues rulings were within discretion and non-prejudicial. | No reversible error; rulings not warranting reversal. |
| Was Calahan's ineffective-assistance claim properly preserved for review? | Argues attorney ineffective for not defending at hearing. | Claim not properly raised in trial court; not reviewable on appeal. | Not reviewable; concern not preserved. |
Key Cases Cited
- Myers v. Ark. Dep't of Human Servs., 2011 Ark. 182 (Ark. (2011)) (established standard for termination of parental rights and clear-and-convincing review)
- Wade v. Ark. Dep't of Human Servs., 337 Ark. 353 (Ark. 1999) (de novo review with deference for trial court credibility)
- Camarillo-Cox v. Ark. Dep’t of Human Servs., 360 Ark. 340 (Ark. 2005) (clear-and-convincing standard corroborated)
- Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207 (Ark. 2001) (credibility and standard-of-review framework in deference to trial court)
- Weaver v. Ark. Dep't of Human Servs., 2011 Ark. App. 680 (Ark. App. 2011) (no-merit appeal framework for termination cases)