Garner v. Arkansas Department of Human Services
2017 Ark. App. 563
| Ark. Ct. App. | 2017Background
- DHS filed emergency custody and dependency-neglect petition Jan. 21, 2016, alleging Garner’s drug use, inadequate shelter, and medical neglect of C.L. (b. 2012); emergency removal followed.
- C.L. adjudicated dependent-neglected Mar. 23, 2016; Garner was given a case plan (drug treatment, counseling, AA/NA, parenting instruction, psychological evaluation, random drug screens, stable housing/employment, supervised visitation).
- Garner had a prior DHS case (Apr. 2014–Sept. 2015) for substance abuse; after reunification the child was removed again within six months for continuing drug use.
- Through the instant case Garner maintained housing/employment and attended visits, but repeatedly tested positive for methamphetamine early in the case, did not complete required treatment or AA/NA attendance, and did not follow psychologist/drug-assessment recommendations.
- DHS filed to terminate parental rights Feb. 8, 2017; after a hearing the circuit court found clear-and-convincing evidence of at least one statutory ground (failure-to-remedy and subsequent-factors) and that termination was in C.L.’s best interest, and terminated Garner’s parental rights Mar. 22, 2017.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was in the child’s best interest | Garner: she had partial compliance, bond with child, and four months’ sobriety — more time warranted | DHS: past relapses, failure to complete treatment, and prolonged instability create likely harm and hinder permanency | Court: affirmed — potential-harm and adoptability factors supported termination; permanency outweighs need for further time |
| Whether statutory grounds (failure-to-remedy / subsequent factors) were proved | Garner: recent sobriety and prior treatment show progress; DHS failed to remediate environmental issues | DHS: child removed for parental drug use and environmental neglect; Garner remained noncompliant for most of the case and refused inpatient treatment | Court: affirmed — failure-to-remedy shown (child out >12 months, DHS offered services, conditions not remedied); one ground sufficient to terminate |
Key Cases Cited
- Lively v. Ark. Dep’t of Human Servs., 456 S.W.3d 383 (Ark. App. 2015) (standard of de novo review and burden of clear and convincing evidence in TPR appeals)
- Spencer v. Ark. Dep’t of Human Servs., 426 S.W.3d 494 (Ark. App. 2013) (best-interest determination considers adoptability and potential harm; not every factor must be proved by clear-and-convincing evidence)
- Jones v. Ark. Dep’t of Human Servs., 515 S.W.3d 151 (Ark. App. 2017) (past parental behavior predicts potential harm; potential-harm analysis may be broad)
- Schaible v. Ark. Dep’t of Human Servs., 444 S.W.3d 366 (Ark. App. 2014) (parent remaining drug free alone may be insufficient when case-plan requirements, like treatment and AA/NA attendance, are unmet)
- Jung v. Ark. Dep’t of Human Servs., 443 S.W.3d 555 (Ark. App. 2014) (proof of a single statutory ground is sufficient to terminate parental rights)
- Christian-Holderfield v. Ark. Dep’t of Human Servs., 378 S.W.3d 916 (Ark. App. 2011) (parental rights are not enforced to the detriment of the child’s health and well-being)