Helvey v. Arkansas Department of Human Services
2016 Ark. App. 418
| Ark. Ct. App. | 2016Background
- Child A.H. (b. 11/9/2010) removed after father John Helvey arrested for methamphetamine-related offenses; child was found living with paternal grandmother who tested positive for methamphetamine and THC.
- A.H. was adjudicated dependent-neglected; she had previously been removed from her parents’ custody for their drug use and was living with maternal grandmother Tammy Preston (who later sought adoption).
- DHS moved to terminate reunification services and later filed to terminate Helvey’s parental rights, citing aggravated circumstances and subsequent factors after repeated drug-related incarcerations and failures to remediate substance abuse.
- Evidence at the termination hearing included Helvey’s criminal plea and sentence, DHS caseworker reports, Helvey’s partial participation in drug court/AA/NA and parenting classes, and Preston’s testimony that A.H. is bonded to her and that she would seek adoption.
- Trial court found by clear and convincing evidence that aggravated circumstances existed (little likelihood services would reunify) and that termination was in A.H.’s best interest, considering adoptability and potential harm from return to Helvey.
Issues
| Issue | Plaintiff's Argument (Helvey) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Whether DHS proved aggravated circumstances (likelihood services would not work) | Past relapse does not prove future relapse; Helvey had newly entered drug court and made recent efforts | Repeated removals, multiple incarcerations, prior services, and continuing substance issues show little likelihood services will succeed | Court: Held aggravated circumstances proven; termination upheld |
| Whether termination was supported by alternative statutory ground (subsequent factors) | Helvey challenged all grounds | DHS pleaded subsequent factors; court found aggravated circumstances dispositive | Court: Did not need to address alternative ground because one ground sufficient |
| Whether termination was in child’s best interest based on potential harm | Insufficient evidence of potential harm; caseworker had limited knowledge; less-restrictive option (custody to grandmother) available | Past conduct predicts potential future harm; uncertainty about sustained sobriety and child’s need for timely permanency | Court: Held potential harm shown and termination in child’s best interest |
| Whether a less-restrictive alternative (permanent custody with relative) precluded termination | Permanent custody with Preston would provide stability; termination unnecessary | Adoption is statutorily preferred at termination stage; relative custody comes after adoption in permanency hierarchy | Court: Held availability of relative custody did not bar termination or adoption goal |
Key Cases Cited
- Jackson v. Arkansas Department of Human Services, 429 S.W.3d 276 (Ark. Ct. App.) (standard of review and clear-and-convincing burden in termination cases)
- Dozier v. Arkansas Department of Human Services, 372 S.W.3d 849 (Ark. Ct. App.) (child’s need for permanency may override request for more time)
- Renfro v. Arkansas Department of Human Services, 385 S.W.3d 285 (Ark. Ct. App.) (best-interest proof does not require every factor to be proved by clear and convincing evidence)
- Dowdy v. Arkansas Department of Human Services, 314 S.W.3d 722 (Ark. Ct. App.) (court may consider past behavior as predictor of potential harm)
- Samuels v. Arkansas Department of Human Services, 443 S.W.3d 599 (Ark. Ct. App.) (potential-harm inquiry is forward-looking and broad)
- Bearden v. Arkansas Department of Human Services, 42 S.W.3d 397 (Ark.) (uncertainty in parent’s stability can be harmful to child)
- Lively v. Arkansas Department of Human Services, 456 S.W.3d 383 (Ark. Ct. App.) (only one statutory ground is necessary to support termination)
- McElwee v. Arkansas Department of Human Services, 489 S.W.3d 704 (Ark. Ct. App.) (trial court may prefer adoption even when relatives seek custody)
- Cranford v. Arkansas Department of Human Services, 378 S.W.3d 851 (Ark. Ct. App.) (termination inappropriate when relative custody already provides permanency)
- Crawford v. Arkansas Department of Human Services, 951 S.W.2d 310 (Ark.) (deference to trial court’s credibility determinations)