Carissa Shipp v. Arkansas Department of Human Services and Minor Children
2024 Ark. App. 197
Ark. Ct. App.2024Background
- Carissa Shipp’s parental rights to her three children were terminated by the Washington County Circuit Court after a long history of DHS involvement stemming from repeated drug use, particularly methamphetamine, during her pregnancies and at the births of all three children.
- DHS filed for emergency custody in March 2022 after Shipp tested positive for methamphetamine at the birth of her youngest child (MC1), with similar past incidents at the births of MC2 and MC3.
- Over several years, DHS provided services meant to address Shipp’s drug dependency, but failed to prevent removal due to her continued substance abuse and instability.
- The children were adjudicated dependent-neglected and placed together in foster care, where they bonded with prospective adoptive parents.
- At the time of the termination hearing, Shipp was incarcerated on drug and forgery charges, participating in a substance abuse program, and did not have housing or employment arranged for her potential release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence on best-interest finding | No evidence she would harm the children if reunited; engaged in treatment and maintained contact; could begin transition to reunification soon after release | Shipp’s long history of substance abuse and incarceration poses risk; children need permanency and stability; no proof she can maintain sobriety outside prison | Circuit court’s finding upheld, potential harm and adoptability evidence sufficient; affirmed termination |
Key Cases Cited
- Schaible v. Ark. Dep’t of Hum. Servs., 2014 Ark. App. 541 (full compliance with case plan is not determinative; focus is on parent’s stability and ability to care for child)
- Jung v. Ark. Dep’t of Hum. Servs., 2014 Ark. App. 523 (parent’s history and uncertainty about future stability and sobriety can justify termination)
- Everett v. Ark. Dep’t of Hum. Servs., 2016 Ark. App. 541 (completing drug treatment in prison does not prove ability to maintain sobriety after release)
- Martin v. Ark. Dep’t of Hum. Servs., 2022 Ark. App. 508 (incarceration, unstable housing/employment can support termination for potential harm)