Holloway v. Arkansas Department of Human Services
2017 Ark. App. 268
| Ark. Ct. App. | 2017Background
- DHS removed five children (born 2003–2008) from parents Robin Holloway and Christopher Britt in April–May 2014 after multiple prior reports alleging sexual and physical abuse, inadequate supervision, and environmental neglect; one 2002 report (against Britt) was found true.
- The circuit court adjudicated the children dependent-neglected in February 2015; DHS filed to terminate parental rights in July 2016.
- At the August 2016 termination hearing, parents did not contest statutory grounds for termination but argued the court erred in finding termination was in the children’s best interest because adoptability was not proven.
- DHS caseworker Holly Johnson and foster-care supervisor Kandi Tarpley testified the children are adoptable, describing each child’s behavioral issues, therapeutic placements, participation in services, and (in some cases) foster families’ verbal interest in adoption.
- The trial court found, by clear and convincing evidence, termination served the children’s best interests and specifically found the children adoptable; the parents appealed only the best-interest/adoptability finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of the children’s likelihood of adoption to support a best-interest finding | Holloway and Britt: evidence of adoptability was insufficient — caseworker testimony was boilerplate and supervisor’s claim that "all children are adoptable" mirrors Grant and is unhelpful | DHS: caseworker and foster-care supervisor provided concrete testimony about each child’s placements, services, improvements, and foster families’ interest — sufficient to support adoptability | Court affirmed: testimony from DHS caseworker and supervisor provided sufficient evidence of adoptability; best-interest finding upheld |
Key Cases Cited
- Brown v. Arkansas Department of Human Services, 478 S.W.3d 272 (Ark. Ct. App. 2015) (standard of review for termination appeals and burden for best-interest finding)
- Miller v. Arkansas Department of Human Services, 492 S.W.3d 113 (Ark. Ct. App. 2016) (best-interest factors: likelihood of adoption and risk of harm if returned to parent)
- Caldwell v. Arkansas Department of Human Services, 484 S.W.3d 719 (Ark. Ct. App. 2016) (likelihood-of-adoption need not be proved by clear and convincing evidence; caseworker opinion can suffice)
- Hamman v. Arkansas Department of Human Services, 435 S.W.3d 495 (Ark. Ct. App. 2014) (discussing adoptability proof requirements)
- Grant v. Arkansas Department of Human Services, 378 S.W.3d 227 (Ark. Ct. App. 2010) (reversing where the only adoptability testimony was that "all children are adoptable")
- Cobb v. Arkansas Department of Human Services, 189 S.W.3d 487 (Ark. Ct. App. 2004) (affirming adoptability finding based on caseworker testimony despite age and behavioral issues)