Harbin v. Arkansas Department of Human Services
2014 Ark. App. 715
Ark. Ct. App.2014Background
- B.T., born Nov. 2, 2011, was removed after Anita Harbin was found incoherent and later tested positive for methamphetamine and benzodiazepine; ADHS obtained emergency custody in Sept. 2012.
- Circuit court adjudicated B.T. dependent-neglected for appellant’s drug use and irrational behavior; reunification was the initial goal and a case plan was imposed (treatment, random drug screens, stable housing, counseling).
- Harbin had intermittent compliance: some negative drug screens but a positive test in June 2013, unstable housing, and continued associations with people engaged in criminal activity; she did not enter meaningful drug treatment until late and completed treatment roughly a year after removal.
- ADHS filed to terminate parental rights in Aug. 2013; the permanency goal was changed to adoption after minimal compliance by Harbin and noncompliance by the biological father.
- The circuit court found two statutory grounds for termination: (1) juvenile out of parent’s custody for 12+ months and conditions causing removal not remedied despite meaningful DHS efforts; and (2) subsequent factors arose showing placement would be contrary to child’s health, safety, or welfare and parent manifested incapacity or indifference to remedy them.
- The court further found termination was in B.T.’s best interest based on likelihood of adoption and potential harm if returned to Harbin; the court characterized Harbin’s progress as “eleventh-hour” and relied on her late treatment, ongoing risky relationships, and history of instability.
Issues
| Issue | Harbin (Plaintiff) | ADHS (Defendant) | Held |
|---|---|---|---|
| Whether statutory ground (12+ months out of home and conditions not remedied) existed | Harbin: six months’ sobriety before hearing remedied condition; cites Kight as controlling | ADHS: compliance was eleventh-hour, had long history of drug use/unstable housing, conditions not remedied despite efforts | Court: affirmed—conditions not remedied; eleventh-hour compliance insufficient |
| Whether termination was in child’s best interest (potential harm if returned) | Harbin: substantial compliance; single relapse and relationships don’t show ongoing danger | ADHS: forward-looking risk shown by repeated drug use, late treatment, unsafe relationships, instability, and bonding with foster family | Court: affirmed—potential harm established; permanency and likely adoption favored termination |
Key Cases Cited
- Dinkins v. Arkansas Department of Human Services, 344 Ark. 207, 40 S.W.3d 286 (review standard for TPR cases and burden of proof)
- Trout v. Department of Human Services, 359 Ark. 283, 197 S.W.3d 486 (trial court may attach little weight to last-minute improvements)
- Kight v. Arkansas Department of Human Services, 87 Ark. App. 230, 189 S.W.3d 498 (discussing effect of treatment and sobriety on remedying conditions)
- Kight v. Arkansas Department of Human Services, 94 Ark. App. 400, 231 S.W.3d 103 (follow-up decision addressing trial-court determinations about eleventh-hour compliance)
- Dowdy v. Arkansas Department of Human Services, 314 S.W.3d 722 (use of past behavior to predict potential future harm and forward-looking potential-harm analysis)