Drake v. Arkansas Department of Human Services
2013 Ark. App. 274
Ark. Ct. App.2013Background
- Drakes have a six-year DHS history with multiple removals and permanency hearings from 2006 to 2012.
- In 2012 DHS petitioned to terminate parental rights based on twelve months out of home and unremedied conditions including mental health, substance abuse, and housing concerns.
- Tammie has diagnosed bipolar disorder, prior involuntary terminations to four other children, and recent DWI arrest and mental-health treatment history.
- Virgil was unemployed due to injury, contemplated divorce, and would potentially have to leave for work for long hours, leaving Tammie as primary caregiver without stable housing or income.
- Experts noted parental capability issues: clinician diagnosed Tammie with personality disorder and elevated alcohol use; therapist noted risks given mental illness and parenting skills; caseworker testified of missed visits and housing instability.
- The trial court found clear and convincing evidence that termination was in the best interest and that adoption likely if terminated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Best interests standard sufficiency | Drakes contends best interest not proven. | DHS argues evidence shows risk and likelihood of adoption, | |
| resulting in termination being in the children’s best interest. | Clear and convincing evidence supports best interests. | ||
| Single statutory ground sufficiency | Tammie argues grounds exist but best interest insufficient. | DHS need prove one statutory ground and best interest; termination proper if any ground proven. | One statutory ground proven; termination affirmed. |
| Impact of parental history and treatment | Drakes argue potential improvement with treatment and reunification possible. | Court credited persistent issues and insufficient remediation despite services. | Court’s findings of unremedied conditions supported. |
Key Cases Cited
- Fenstermacher v. Ark. Dep't of Human Servs., 2013 Ark. App. 88 (Ark. App. 2013) (termination requires clear and convincing evidence; best interests and adoption likelihood)