Demetric Fowler v. Arkansas Department of Human Services and Minor Children
2021 Ark. App. 159
Ark. Ct. App.2021Background
- DHS removed two-year-old twins from mother on April 1, 2019; mother admitted drug use and later was murdered in May 2020.
- Fowler was identified as the children’s father (domestic-relations order from April 2018 declared paternity); children adjudicated dependent-neglected.
- Court ordered services (psych eval, counseling, parenting classes, substance-abuse referrals) and supervised visitation; Fowler attended some services but repeatedly tested positive for THC and missed counseling.
- DHS petitioned to terminate Fowler’s parental rights on July 6, 2020 (failure-to-remedy and subsequent-factors grounds); termination hearing held August 10, 2020.
- Circuit court found clear-and-convincing evidence of failure to remedy conditions preventing reunification, found termination in children’s best interest (children adoptable, potential harm from father’s instability), and terminated parental rights.
- Fowler appealed, arguing (1) he had not been a “parent” for the required twelve months before termination and (2) DHS failed to make meaningful efforts; he also sought more time to reunify.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fowler was a “parent” for the 12‑month statutory period | Fowler: not a legally recognized parent for 12 months before termination; Earls footnote suggests requirement | DHS: paternity was established earlier (2018 order); biological relationship suffices; prior precedent rejects Fowler’s timing argument | Court: Fowler was a parent for the relevant period (paternity established in 2018); argument fails |
| Whether DHS proved failure-to-remedy / meaningful efforts | Fowler: DHS focused services on mother; efforts to him were insufficient; he attempted compliance | DHS: offered services repeatedly; Fowler was not consistently available and failed to remedy mental-health, substance, and stability issues | Court: clear-and-convincing evidence of failure to remedy; DHS made meaningful efforts; statutory ground proven |
| Whether termination was in children’s best interest | Fowler: had made progress on housing, reactivated Medicaid, formed support with fiancée; more time would not harm children | DHS: instability, continued drug use, untreated mental-health issues predict potential harm; children need permanency | Court: best-interest finding affirmed—risk of potential harm and need for permanency supported termination |
Key Cases Cited
- Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207, 40 S.W.3d 286 (Ark. 2001) (standard for termination—clear and convincing evidence)
- Gossett v. Ark. Dep’t of Human Servs., 2010 Ark. App. 240, 374 S.W.3d 205 (Ark. App. 2010) (proof of one statutory ground suffices to terminate)
- Elliott v. Ark. Dep’t of Human Servs., 2018 Ark. App. 526, 565 S.W.3d 487 (Ark. App. 2018) (biological relationship exists from birth; legal recognition does not create paternity)
- Earls v. Ark. Dep’t of Human Servs., 2017 Ark. 171, 518 S.W.3d 81 (Ark. 2017) (discussion of timing of paternity recognition in termination context)
- Furnish v. Ark. Dep’t of Human Servs., 2017 Ark. App. 511, 529 S.W.3d 684 (Ark. App. 2017) (continued drug use can support potential-harm finding)
- Meriweather v. Ark. Dep’t of Health & Human Servs., 98 Ark. App. 328, 255 S.W.3d 505 (Ark. App. 2007) (child’s need for permanency viewed from child’s perspective)
- Latham v. Ark. Dep’t of Human Servs., 99 Ark. App. 25, 256 S.W.3d 543 (Ark. App. 2007) (lack of stable home justified termination)