Draper v. Arkansas Department of Human Services
2012 Ark. App. 112
| Ark. Ct. App. | 2012Background
- DHS received a child-abuse referral on 12/8/2009 alleging sexual abuse by Johnny Draper against KD and prompting emergency custody.
- DHS took emergency custody on 12/8/2009; probable cause for removal was found 2/9/2010; adjudication 3/31/2010 found KD dependent-neglected with aggravated circumstances.
- A temporary custody order placed KD with aunt Chris Hear Ron; the case plan required counseling, supervision, and other services; Johnny was to undergo a sexual-offender assessment.
- DHS filed for termination on 8/2/2010 and amended 9/23/2010, asserting three grounds including aggravated circumstances; numerous parental acts and failures were alleged.
- Termination hearing occurred 1/31 and 2/11/2011 with testimony from psychologists, DHS officials, and KD’s custodian; DHS offered services but the record showed no meaningful progress toward reunification.
- Trial court entered a termination order on 6/15/2011, finding clear and convincing evidence of grounds and that termination was in KD’s best interest, including likelihood of adoption; Drapers timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was proper based on aggravated circumstances despite alleged lack of meaningful services | Drapers argue DHS failed to provide meaningful services, especially counseling, toward reunification | State contends aggravated-circumstances ground supports termination independent of services | Termination affirmed; aggravated circumstances supported by the court's findings. |
| Whether the best-interests finding supported termination given lack of family counseling | Drapers contend a remaining option was family counseling which had not occurred | Drapers’ ongoing attitudes and lack of progress precluded reunification; best interests favored permanency | Not clearly erroneous; termination in KD’s best interest supported, with adoption likelihood considered. |
| Whether other termination grounds not relied upon in petition affect the result | N/A (not urged as separate issue) | N/A | Court did not rely on non-pleaded grounds; affirmed on pleaded aggravated-circumstances ground. |
Key Cases Cited
- J.T. v. Ark. Dep’t of Human Servs., 327 Ark. 243, 947 S.W.2d 761 (Ark. 1997) (parental rights terminate on clear and convincing evidence when best interests require permanency)
- Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207, 40 S.W.3d 286 (Ark. 2001) (clear and convincing standard; appellate deference to trial-court findings)
- Lee v. Ark. Dep’t of Human Servs., 102 Ark.App. 337, 285 S.W.3d 277 (Ark. App. 2008) (two grounds for termination; deference to trial court on credibility)