Cobb v. Arkansas Department of Human Services
2017 Ark. App. 85
Ark. Ct. App.2017Background:
- Appellant Alexteen Cobb’s twin daughters (born Aug. 19, 2009) were removed after being found living in a car and adjudicated dependent-neglected in June 2014; they were placed with appellant’s mother (grandmother).
- Appellant has a long history of mental-health issues, including a diagnosis of schizoaffective disorder and persistent delusions; she previously lost custody of another child after threatening to kill that child.
- During the case, appellant partially complied with services (employment, parenting classes, psychological evaluation, counseling) but did not reliably take medication and exhibited delusional and disturbing behavior during supervised visits.
- DHS and CASA recommended termination; the grandmother planned to adopt the children and also preferred termination to continued custody without parental rights.
- The circuit court found three statutory grounds for termination and concluded termination was in the children’s best interest because they were adoptable and would face substantial risk of harm if returned to appellant.
Issues:
| Issue | Plaintiff's Argument (Cobb) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Whether termination of parental rights was in the children’s best interest | Termination unnecessary because children were placed permanently with grandmother; no need for extreme measure — a no-contact order or permanent custody with grandmother would preserve reunification prospects | Termination necessary because appellant’s ongoing mental illness, delusions, and unsafe parenting created substantial risk; grandmother’s adoption would provide permanency and DHS would not be able to continue services if case closed to custody-only | Court affirmed: termination was in children’s best interest based on adoptability and risk if returned |
| Whether permanent custody with grandmother (without terminating rights) would suffice for child stability | Continuing custody (without termination) would allow appellant more time to improve mental health and preserve parental relationship | DHS: closing the case to custody-only would end DHS-provided mental-health supports and counseling, undermining children’s safety; permanency requires termination here | Court distinguished Cranford and held permanency through adoption outweighed appellant’s request for more time |
| Whether continued services made reunification likely | Appellant argued more time was warranted despite partial compliance | DHS and witnesses testified services had been insufficient to stabilize appellant; provider expected delusions to continue; supervision of visits increased over time | Court found little likelihood services would produce reunification in a reasonable time; best-interest finding not clearly erroneous |
Key Cases Cited
- Wilson v. Arkansas Department of Human Services, 476 S.W.3d 816 (Ark. Ct. App. 2015) (standard of review in TPR cases)
- Brown v. Arkansas Department of Human Services, 478 S.W.3d 272 (Ark. Ct. App. 2015) (appellate review: clear-error standard for best-interest findings)
- Henson v. Arkansas Department of Human Services, 434 S.W.3d 371 (Ark. Ct. App. 2014) (credibility determinations lie with trial court)
- Smith v. Arkansas Department of Human Services, 431 S.W.3d 364 (Ark. Ct. App. 2013) (best-interest factors: adoptability and potential harm on return)
- Ford v. Arkansas Department of Human Services, 434 S.W.3d 378 (Ark. Ct. App. 2014) (full case-plan compliance does not alone show parent is safe and stable)
- Dozier v. Arkansas Department of Human Services, 372 S.W.3d 849 (Ark. Ct. App. 2010) (child’s need for permanency may outweigh a parent’s request for more time)
- Schaible v. Arkansas Department of Human Services, 444 S.W.3d 366 (Ark. Ct. App. 2014) (parent’s past behavior as indicator of future behavior)
- Cranford v. Arkansas Department of Human Services, 378 S.W.3d 851 (Ark. Ct. App. 2011) (reversing TPR where grandparents provided permanency and no evidence of physical harm; distinguished here)