Griffin v. Ark. Dep't of Human Servs.
2017 Ark. App. 635
Ark. Ct. App.2017Background
- Children (LB b. Apr 5, 2014; NB b. Sept 3, 2015) taken into DHS custody after severe bruising to genitals and other injuries; incident date Nov 30–Dec 1, 2015.
- Griffin admitted leaving children with her boyfriend overnight after taking Klonopin and Tylenol 3; delayed seeking medical care until evening; tested positive for multiple controlled substances on Dec 2, 2015.
- Children adjudicated dependent-neglected Jan 11, 2016 due to parental drug use and failure to protect; DHS initially set reunification as goal but later changed to termination and adoption.
- Griffin completed inpatient drug treatment Nov 2016 but thereafter had multiple positive drug screens (most recently March 2017) and lacked stable housing; poor visitation (25 of 55 visits).
- Circuit court found three statutory grounds by clear and convincing evidence (twelve-month failure to remedy, failure to maintain meaningful contact, and subsequent factors) and held termination was in the children’s best interest; parental rights terminated May 9, 2017.
Issues
| Issue | Plaintiff's Argument (Griffin) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Whether statutory ground(s) for termination proved by clear and convincing evidence | Griffin argues insufficient proof to terminate parental rights (no specific points filed pro se) | DHS argues statutory grounds satisfied: unresolved drug problem, failure to remedy conditions, poor visitation, lack of stable housing | Court held statutory grounds proven (12-month failure to remedy, failure to maintain meaningful contact, subsequent factors) |
| Whether termination was in children’s best interest | Griffin argues best interest not met (no pro se points raised) | DHS argues children likely to be adopted and would suffer harm if returned to Griffin | Court held termination was in children’s best interest (likelihood of adoption + risk to health/safety) |
| Sufficiency of evidence after inpatient treatment | Griffin implies completion of treatment shows progress | DHS points to continued positive drug tests after treatment and instability | Court found completion insufficient; subsequent positive tests and instability supported termination |
| Counsel’s no-merit appeal and withdrawal | Griffin had right to file pro se points but did not | Appellate counsel filed no-merit brief and moved to withdraw under Linker-Flores procedures | Court granted counsel’s motion, found appeal wholly without merit, and affirmed termination |
Key Cases Cited
- Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (procedures for no-merit appeals and counsel withdrawal)
- Houseman v. Ark. Dep’t of Human Servs., 2016 Ark. App. 227, 491 S.W.3d 153 (two-step termination analysis: unfitness and best-interest requirement)
- Dunbar v. Ark. Dep’t of Human Servs., 2016 Ark. App. 472, 503 S.W.3d 821 (de novo appellate review; clear-and-convincing standard review)
- Reid v. Ark. Dep’t of Human Servs., 2011 Ark. 187, 380 S.W.3d 918 (only one statutory ground is required to support termination)