Fogerson v. Ark. Dep't of Human Servs.
2014 Ark. App. 232
Ark. Ct. App.2014Background
- Arkansas Court of Appeals, Division I, No. CV-13-420, delivered April 16, 2014, regarding LYNNE FOGERSON and the Arkansas Department of Human Services.
- Appellant’s child P.F. was adjudicated dependent-neglected due to the mother’s habitual illegal-drug use (methamphetamine, marijuana, opiates).
- DNA testing established Ben Navarro as the child’s biological father; Navarro filed a custody petition on June 20, 2012.
- Permanency hearing on January 24, 2013 resulted in custody awarded to Navarro and removal of the child from appellant’s custody.
- Appellant challenged the custody award, arguing she had complied with the case plan and posed no health or safety threat to P.F.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Best interest standard for return to a parent | Fogerson contends she should regain custody because she complied and posed no threat. | Navarro argues the child’s best interest supports continued custody with Navarro under the statute and Mahone interpretation. | No clear error; best interest favored Navarro and keeping child with Navarro was proper. |
| Evidence supporting the trial court’s custody finding | Fogerson asserts the court erred given evidence of improvement and stability. | Navarro asserts the court properly weighed credibility, demeanor, and expert findings showing instability in Fogerson. | Court’s credibility determinations and psychological-evaluation basis were not clearly erroneous. |
Key Cases Cited
- Keckler v. Arkansas Department of Human Services, 2011 Ark. App. 375 (Ark. App. 2011) (equity review; deference to circuit court in child-custody matters)
- Mahone v. Arkansas Department of Human Services, 383 S.W.3d 854 (Ark. 2011) (defined 'the parent' to include either parent for permanency goals)
- Judkins v. Duvall, 248 S.W.3d 492 (Ark. App. 2007) (overruled by Mahone on who may be considered parent)
- Lewis v. Arkansas Department of Human Services, 217 S.W.3d 788 (Ark. 2005) (collateral-attack limitations on prior orders)
- Thomas v. Arkansas Department of Human Services, 419 S.W.3d 734 (Ark. App. 2012) (case discussing appellate review in DHS proceedings)