Calahan v. Arkansas Department of Human Services
429 S.W.3d 372
Ark. Ct. App.2013Background
- DHS filed emergency custody for L.J.C. in Feb. 2010 based on L.C.'s death from subdural hematomas and L.D.'s severe injuries in Calahan care; L.D.'s injuries were argued as self-inflicted by Calahan.
- L.J.C. was adjudicated dependent/neglected at an April 2010 hearing, tied to L.C.'s death and L.D.'s injuries.
- A 2011 permanency-planning hearing occurred with Calahan absent, and the court found aggravated circumstances with little likelihood of reunification, shifting goal to termination.
- A petition to terminate parental rights was filed in April 2011; a September 2012 hearing led to a ruling that termination was in L.J.C.’s best interest and that DHS proved statutory grounds for termination.
- L.J.C. was adoptable, foster mother desired adoption if rights were terminated, and the court affirmed termination after considering the statutory grounds and best-interest factors.
- Counsel for Calahan filed a no-merit brief with a motion to be relieved; the court granted relief and affirmed the termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination is supported by clear and convincing evidence | Calahan | DHS | Yes; grounds shown and best interests satisfied |
| Whether statutory grounds for termination were proven | DHS | Calahan | Yes; evidence of aggravated circumstances and related abuse/neglect |
| Whether evidentiary rulings entitle reversal | Calahan | DHS | No reversible error shown |
| Whether ineffective-assistance claim can be reviewed on appeal | Calahan | DHS | No review because not raised in trial court |
Key Cases Cited
- Myers v. Arkansas Dep’t of Human Services, 2011 Ark. 182 (Ark. 2011) (standard of review in termination cases set; clear and convincing evidence required; best interests analysis)
- Camarillo-Cox v. Ark. Dep’t of Human Servs., 360 Ark. 340 (Ark. 2005) (clear and convincing standard applies to termination findings)
- Wade v. Ark. Dep’t of Human Servs., 337 Ark. 353 (Ark. 1999) (de novo review with deference to trial court credibility)
- Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207 (Ark. 2001) (credibility of witnesses; appellate deference)
- Weaver v. Ark. Dep’t of Human Servs., 2011 Ark. App. 680 (Ark. App. 2011) (ineffective-assistance claims not raised at trial are not reviewable on appeal)
- Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131 (Ark. 2004) (no-merit review procedure in termination cases)