Emmons v. Ark. Dep't of Human Servs.
2013 Ark. App. 541
Ark. Ct. App.2013Background
- Five children removed after home inspection revealed environmental and educational neglect following Kimberly Emmons’s arrests; petition for emergency custody filed April 7, 2011.
- Children adjudicated dependent-neglected; DHS implemented a reunification plan and provided services over nearly two years.
- Kimberly Emmons repeatedly failed to maintain stable housing and employment, missed services, refused a drug screen, and tested positive for methamphetamine; was incarcerated multiple times.
- Robert Emmons, a quadriplegic, failed to maintain contact, did not visit the children, and repeatedly tested positive for THC; DHS provided accommodations but he missed services, including a drug assessment.
- Multiple unappealed review orders found DHS made reasonable efforts and that both parents failed to comply; the goal was changed to termination and the trial court terminated parental rights on March 4, 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutory grounds for termination were proved by clear and convincing evidence | Kimberly: argued she was making progress despite relapses | DHS: parents failed to remedy conditions despite meaningful efforts; continued drug use and instability | Court: Statutory grounds proved; trial court not clearly erroneous |
| Whether termination was in best interests of the children | Kimberly: recent improvements warranted reunification | DHS: returning children would harm health and safety given parents’ instability and substance abuse | Court: Termination was in children’s best interests; return would be contrary to health and safety |
| Whether DHS provided reasonable reunification efforts | Robert: argued ADA required DHS to provide transportation to assessment he missed | DHS: reasonable efforts had been provided; accommodations offered; he never requested transport and had other available means | Court: Prior unappealed findings that DHS provided reasonable efforts preclude review; record shows efforts and noncompliance |
| Whether appellate standard of review supports reversal | Parents: claimed trial court erred in applying facts | DHS: trial court’s credibility findings entitled to deference; clear-and-convincing standard met | Court: Appellate court gives deference to trial court and was not left with definite and firm conviction of error; affirmed |
Key Cases Cited
- Camarillo-Cox v. Arkansas Department of Human Services, 360 Ark. 340, 201 S.W.3d 391 (2005) (improvement near termination does not outweigh prior failure to remedy removal causes)
- Jones-Lee v. Arkansas Department of Human Services, 316 S.W.3d 261 (Ark. App. 2009) (unappealed findings that DHS made reasonable efforts are binding and not subject to appellate review)