Background

• DHS removed J.R. and J.H. in April 2008 after a hospital referral due to inadequate supervision and medical neglect.
• The circuit court adjudicated the children dependent-neglected in June 2008 based on drug abuse, domestic violence, and mental-health issues.
• Harper was ordered to undergo psychological evaluation, counseling, drug treatment, and regular drug screenings as part of the case plan.
• The court shifted to concurrent goal of adoption and termination of parental rights in November 2008; the father’s rights were terminated in February 2010, and Harper’s rights were addressed in August 2010.
• Harper repeatedly failed to complete residential treatment and acknowledged no sustained treatment for drug problems; medical records described drug-seeking behavior and prescription-abuse concerns.
• The circuit court terminated Harper’s parental rights based on clear and convincing evidence that termination was in the children’s best interests and that the statutory ground under § 9-27-341(b)(3)(B)(i)(a) was satisfied.

Issues

Key Cases Cited

• Benedict v. Ark. Dep’t of Human Servs., 242 S.W.3d 305 (2006) (relevance of child welfare termination standards)
• Williams v. Ark. Dep’t of Health & Human Servs., 257 S.W.3d 574 (2007) (appellate review standards in child welfare cases)
• Causer v. Ark. Dep't of Human Servs., 220 S.W.3d 270 (2005) (no-merit and evidentiary considerations in dependency cases)
• Long v. Ark. Dep’t of Health & Human Servs., 250 S.W.3d 560 (2007) (drug-abuse problems as dispositive to foster-care outcomes)
• Sartin v. State, 362 S.W.3d 877 (2010) (contrast between no-merit appeals in criminal vs. dependency-neglect)