Grosso v. Arkansas Department of Human Services
2017 Ark. App. 305
| Ark. Ct. App. | 2017Background
- Child R.D., then nine, was removed July 23, 2015 after allegations of physical abuse by the father’s live‑in girlfriend, Jamie Ray, and unsafe/unsanitary home conditions; Ray tested positive for methamphetamine/amphetamine.
- DHS placed R.D. under a 72‑hour hold after Del Grosso refused drug testing and would not ensure R.D. was protected from Ray.
- R.D. was adjudicated dependent‑neglected; case remained open through three review hearings over ~14 months with orders including outpatient drug treatment, counseling, and that Del Grosso live separately from Ray.
- DHS petitioned to terminate Del Grosso’s parental rights (failure to remedy and subsequent factors); goal changed to adoption and a termination hearing was held Sept. 19, 2016.
- At the hearing DHS caseworker testified Del Grosso failed to separate from Ray, was rarely found at home for drug tests, completed parenting classes but not drug counseling (funding ran out), and Ray was hostile and refused her case plan.
- The circuit court found Del Grosso uncooperative, had repeatedly said he would not remove Ray (or only temporarily), had not complied with the court’s separation order, and that termination was in R.D.’s best interest; parental rights were terminated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHS proved the statutory "failure-to-remedy" ground under Ark. Code § 9-27-341(b)(3)(B)(i)(b) | Del Grosso: DHS failed to offer appropriate services to rehabilitate him and remove Ray from the home | DHS/Court: DHS made reasonable efforts and Del Grosso failed to remedy conditions or take steps to separate from Ray | Court affirmed: DHS met its burden; Del Grosso did not remedy conditions and failed to comply with orders |
| Whether DHS provided meaningful efforts to rehabilitate (procedural sufficiency) | Del Grosso: DHS did not assist in clearing Ray from the home; late order to live separately undermines "meaningful efforts" | DHS: Prior orders and findings show reasonable efforts; Del Grosso did not appeal prior meaningful‑efforts findings or raise them at termination hearing | Court affirmed: prior findings of reasonable efforts stand; failure to appeal those findings precludes relitigation; termination supported |
Key Cases Cited
- Lively v. Ark. Dep’t of Human Servs., 456 S.W.3d 383 (Ark. Ct. App. 2015) (standard of review and burden in parental‑rights termination appeals)
- Spencer v. Ark. Dep’t of Human Servs., 426 S.W.3d 494 (Ark. Ct. App. 2013) (best‑interest determination requires consideration of adoptability and potential harm)
- Yarbrough v. Ark. Dep’t of Human Servs., 501 S.W.3d 839 (Ark. Ct. App. 2016) (failure to appeal prior meaningful‑efforts findings precludes relitigation; DHS not required to re‑prove earlier factual findings)