Cole v. Ark. Dep't of Human Servs.
2014 Ark. App. 395
Ark. Ct. App.2014Background
- On June 8, 2013, Brittany Cole placed her nine‑month‑old son R.R. in a trash can outside a dark area of Miranda Cole’s home and left; the child was later found alive. Cole was arrested for endangering a minor.
- DHS took R.R. and his two‑year‑old twin sisters into custody, issued emergency custody and probable‑cause orders, and pursued a dependency‑neglect adjudication.
- A hair‑follicle test later showed cocaine; Cole admitted to continuous cannabis and cocaine use for nine months and said she was high when she placed R.R. in the trash can.
- The trial court adjudicated the children dependent‑neglected and found aggravated circumstances based on abandonment, extreme cruelty, and low likelihood that services would lead to reunification; it nevertheless set reunification as the primary goal with adoption/permanent custody concurrent.
- Cole appealed only the sufficiency of the evidence supporting the aggravated‑circumstances finding; she did not challenge the dependency‑neglect adjudication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports a finding of abandonment/aggravated circumstances | Cole argued abandonment cannot be inferred without an explicit verbal intent to relinquish parental responsibility | DHS relied on conduct: leaving a 9‑month‑old in a dark trash can at night with knowledge someone might not find him | Court held abandonment supported: Cole’s act and admission show intent to forego responsibility; finding not clearly erroneous |
| Whether evidence supports a finding that services are unlikely to effect reunification | Cole argued no proof about prior DHS case was introduced to show services would fail | DHS pointed to prior removal of twins at birth for in utero drug exposure, Cole’s ongoing substance abuse admissions, and psychologist’s concerns about parenting capacity | Court held evidence supports low likelihood of successful reunification; finding not clearly erroneous |
| Whether conduct constitutes extreme cruelty supporting aggravated circumstances | Cole disputed that her actions met the statutory standard for extreme cruelty | DHS relied on the dangerousness of abandoning an infant in a trash can at night while impaired | Court did not need to decide because two other independent bases (abandonment and low likelihood of reunification) sufficed to support aggravated circumstances; judgment affirmed |
Key Cases Cited
- Parker v. Arkansas Department of Human Services, 380 S.W.3d 471 (Ark. Ct. App. 2011) (deference to trial court on credibility and dependency‑neglect findings)
Affirmed.