Coleman v. Arkansas Department of Human Services
2010 Ark. App. 851
Ark. Ct. App.2010Background
- DHS involved with Coleman family since 2008; emergency custody of three children granted November 7, 2008 due to neglect concerns.
- Adjudication on January 7, 2009 found the three children dependent-neglected; temp custody awarded to Tanya and Phillip Simpson with reunification goal.
- Multiple review hearings through 2010 evaluated compliance, with Coleman generally failing to fully cooperate (drug testing, housing, employment) and Wester gaining standard visitation.
- By October 2009 and January 2010 hearings, Wester had custody of K.W. and C.W.; K.C. remained in Coleman’s custody with the case open.
- On March 3, 2010, DHS moved to terminate reunification services for K.W. and C.W. and the court granted permanent custody to Wester while keeping K.C. with Coleman, and closed that portion of the case; Coleman appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the order complied with no-reunification-services statute | Coleman argues the order effectively denied reunification services in violation of §9-27-365 | Wester contends the court substantially complied and the statutory grounds were satisfied | Affirmed: substantial compliance found; proper grounds shown for no-reunification-services if applicable |
| Whether permanent custody could be awarded before 12 months | Coleman contends statute requires twelve-month period | Wester argues statute allows before twelve months given prolonged removal and ongoing proceedings | Affirmed: court could grant permanent custody prior to twelve months; duration already exceeded fifteen months in this case |
| Whether evidence supports transfer of custody to Wester as in the best interests of the children | Coleman claims lack of significant progress and ongoing noncompliance | Wester asserts children thriving with him and Coleman’s noncompliance endangers reunification prospects | Affirmed: best interests favored keeping K.W. and C.W. with Wester; Coleman showed insufficient progress |
Key Cases Cited
- Judkins v. Duvall, 97 Ark.App. 260, 248 S.W.3d 492 (2007) (deference to circuit court in child-custody credibility and best interests)
- Bearden v. Ark. Dep’t of Human Servs., 344 Ark. 317, 42 S.W.3d 397 (2001) (prolonged uncertainty not in children’s best interests; factors in permanency decisions)
- Hicks v. Cook, 103 Ark. App. 207, 288 S.W.3d 244 (2008) (primary consideration is welfare and best interests of the children)
- Carroll v. Ark. Dep’t of Human Servs., 85 Ark.App. 255, 148 S.W.3d 780 (2004) (evidence of continuing drug use not in children’s best interests; DHS duties)
- Bearden v. Arkansas Dep’t of Human Servs., 344 Ark. 317, 42 S.W.3d 397 (2001) (reiteration of permanency considerations)