Glover v. Ark. Dep't of Human Servs. & Minor Child
577 S.W.3d 13
Ark. Ct. App.2019Background
- Child B.G. born June 13, 2017, tested positive at birth for amphetamine, benzodiazepine, and buprenorphine; mother (appellant) also tested positive for multiple substances.
- DHS removed B.G. after a September 2017 home visit where appellant tested positive, left the home with the child during an altercation, lacked a valid license, and the child was unsecured in a vehicle; ex parte custody and dependency-neglect proceedings followed.
- Court-ordered services for appellant included random drug screens, drug/alcohol assessments and treatment, counseling, stable housing and income, and supervised visitation; multiple positive hair/nail drug tests and noncompliance with assessments and treatment occurred.
- DHS and the child's attorney filed a joint petition to terminate parental rights in September 2018, alleging (1) failure to remedy conditions after 12+ months out of custody and (2) subsequent factors making return contrary to the child’s health, safety, or welfare.
- The circuit court terminated appellant’s parental rights in October 2018, finding clear and convincing evidence of the alleged grounds and that termination was in B.G.’s best interest (child highly adoptable; potential harm if returned).
Issues
| Issue | Appellant's Argument | DHS/Respondent's Argument | Held |
|---|---|---|---|
| Whether there was clear and convincing evidence for termination based on failure to remedy conditions that led to removal | Appellant: evidence of ongoing drug problem equivocal; DHS failed to provide meaningful rehabilitative efforts | DHS: appellant had multiple positive drug tests, failed to complete required assessments/treatment, and remained noncompliant and dishonest about substance use | Held: Court affirmed—clear and convincing evidence supports ground; appellate court will not reweigh credibility or substitute its view |
| Whether termination was in the child’s best interest (considering adoptability and harm from return) | Appellant: adoption was not the least restrictive alternative because child was placed with relatives | DHS: child was highly adoptable, no special needs, and return posed potential harm given appellant’s continued substance use and instability | Held: Court affirmed—termination was in child’s best interest; adoptability and potential harm weighed in favor of termination |
| Whether DHS made reasonable efforts to reunify | Appellant: DHS failed to make reasonable efforts | DHS: record contains repeated findings that reasonable services were provided; appellant did not object at termination hearing | Held: Court found DHS made reasonable efforts; appellant waived challenge by failing to object at hearing |
| Whether late improvement (attendance at AA/NA near hearing) undermines termination | Appellant: recent attendance demonstrates improvement and remedial progress | DHS: belated attempts do not outweigh long history of noncompliance and positive tests; courts give weight to overall compliance, not last-minute changes | Held: Court held recent, late improvements insufficient to overcome prior noncompliance and failure to remedy conditions |
Key Cases Cited
- Hamman v. Ark. Dep't of Human Servs., 2014 Ark. App. 295, 435 S.W.3d 495 (discusses burden and standards for termination)
- Martin v. Ark. Dep't of Human Servs., 2016 Ark. App. 521, 504 S.W.3d 628 (only one statutory ground need be proved for termination)
- Foster v. Ark. Dep't of Human Servs., 2018 Ark. App. 418, 559 S.W.3d 762 (courts defer to trial court credibility findings on termination matters)