Harris v. Arkansas Department of Human Services
2015 Ark. App. 508
| Ark. Ct. App. | 2015Background
- Mary Harris had legal custody of her granddaughter L.M. (b. 2007); L.M.’s mother, Sylnonia Lawrence, has long-term methamphetamine use and untreated bipolar disorder.
- Infant S.L. (Lawrence’s child) was born with methamphetamine and THC, prompting DHS to take emergency custody of S.L. and then seek emergency custody and a dependency-neglect adjudication for all three children.
- DHS alleged L.M. was dependent-neglected because Harris left L.M. unsupervised with Lawrence, despite knowing of Lawrence’s drug use and mental-health issues, and because of related parental unfitness concerns.
- The circuit court issued an ex parte emergency custody order and a probable-cause order; L.M. was removed and an adjudication hearing was held.
- At the adjudication hearing, witnesses (including L.M.’s aunt and A.B.’s father) testified Harris left L.M. with Lawrence; Harris admitted knowing of Lawrence’s substance abuse and bipolar disorder and testified about her own heavy prescription-medication use.
- The circuit court adjudicated L.M. dependent-neglected based on parental unfitness and concerns about Harris’s ability to supervise while medicated; Harris appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether emergency removal was improper | Harris: no emergency justified the 72-hour DHS hold | DHS: removal supported by ex parte findings and need not be challenged here | Court: removal order not appealable under Rule 6-9(a); argument rejected |
| Whether DHS failed to show reasonable efforts to prevent removal | Harris: DHS offered no evidence of reasonable efforts | DHS: where first contact occurs during an emergency, court may deem reasonable efforts made | Court: ex parte order found emergency; reasonable-efforts contention fails |
| Whether evidence was insufficient to adjudicate L.M. dependent-neglected | Harris: allegations (unsupervised with Lawrence; knew of risks) were unproven | DHS: testimony (witnesses and Harris’s own admissions) established neglect and supervisory unfitness | Court: affirmed—record supported finding of dependent-neglect based on parental unfitness and supervision failures |
Key Cases Cited
- Brewer v. Arkansas Department of Human Services, 43 S.W.3d 196 (acknowledging appellate standard and deference to trial-court credibility findings)
- K.C. v. Arkansas Department of Human Services, 374 S.W.3d 884 (appellate review limited; will not substitute judgment for trial court on credibility)