Desare Dean v. Arkansas Department of Human Services and Minor Child
600 S.W.3d 136
Ark. Ct. App.2020Background
- DJ was taken into DHS custody two days after birth (Dec. 2017) because mother Desare Dean was incarcerated and no legal caretaker was available; DJ was adjudicated dependent.
- Dean remained incarcerated throughout the case, serving a 15-year sentence with parole eligibility pushed to Sept. 30, 2022.
- Putative father Joe Juniel was initially incarcerated, later proved to be DJ’s father by paternity testing, had limited contact (one visit), and had recent criminal holds; DHS ordered services and a home study for potential placement but noted safety/availability concerns.
- DJ spent almost two years in foster care in two placements and was described by DHS as highly adoptable; DHS explored relatives and fictive kin but had concerns about available relatives.
- A termination hearing was held in Oct. 2019; the circuit court found four statutory grounds for termination, concluded termination was in DJ’s best interest, and terminated Dean’s parental rights (Dean did not contest the statutory grounds).
- Dean appealed, arguing termination was premature because less-restrictive placement with Juniel or his relatives was still being pursued and adoption was not yet an available option.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination of Dean’s parental rights was in the child’s best interest | Dean: Termination premature because a less-restrictive option (placement with Juniel or relatives) remained under consideration; Juniel not shown unfit; adoption not available | DHS/Court: Child needs permanency and stability; Dean incarcerated entire life of child with release years away; Juniel’s incarceration and limited contact undermined placement likelihood | Affirmed — termination was in DJ’s best interest; the finding was not clearly erroneous |
| Whether court erred by declining to delay termination while pursuing Juniel/relatives | Dean: Court should prefer least-restrictive disposition and allow more time to evaluate relatives/Juniel | DHS/Court: Court may terminate one parent’s rights when in child’s best interest; DJ was in foster care, not with other parent; child’s need for timely permanency outweighs giving more time to incarcerated parent | Affirmed — court properly prioritized child’s need for permanency over delay for possible placement |
Key Cases Cited
- Lively v. Ark. Dep’t of Human Servs., 456 S.W.3d 383 (Ark. Ct. App. 2015) (standard of review for termination; clear-and-convincing evidence; deference to trial court)
- White v. Ark. Dep’t of Human Servs., 530 S.W.3d 402 (Ark. Ct. App. 2017) (juvenile’s need for permanency and stability can outweigh a parent’s request for more time)