Horton v. Arkansas Department of Human Services
2017 Ark. App. 633
| Ark. Ct. App. | 2017Background
- Infant E.H. (b. 9/1/2015) was removed after hospital admission for failure to thrive; DHS filed dependency-neglect petition and the juvenile was adjudicated dependent-neglected due to improper feeding and parental deficiencies.
- Appellant (mother) is functionally illiterate and on SSI for cognitive disabilities; psychological evaluation diagnosed intellectual disability and recommended supervised parenting by a competent adult.
- DHS provided extensive services (parenting classes, homemaker services, counseling, literacy support, trial home placement) but reported recurring safety, hygiene, feeding, and medication-dosing problems during in-home visits and at daycare.
- A trial home placement failed; concerns included unsanitary bottles/feeding (whole milk), persistent diaper rash mismanagement, safety hazards in the home, and inadequate supervision by the maternal grandmother (Tolleson).
- DHS petitioned to terminate parental rights on two statutory grounds: failure to remedy conditions that caused removal, and the ‘other subsequent factors’ ground; mother sought a second psychological evaluation under the ADA and a continuance, which the court denied as untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was proper under the failure-to-remedy ground | Horton: failure-to-thrive was remedied (child gained weight), so the removal cause no longer existed | DHS: causes for removal included broader neglect and inability to follow/implement parenting instruction despite services | Held: Affirmed. Despite compliance with tasks, mother failed to remedy the conditions (sustained inability to apply instructions; safety/health risks persisted). |
| Whether DHS proved the subsequent-factors (other-factors) ground and complied with ADA accommodations | Horton: DHS failed to provide reasonable ADA accommodations (requested second psych eval) and thus subsequent-factors finding is erroneous | DHS: Accommodation claim untimely; mother never showed lack of meaningful access to services; services were tailored using initial evaluation | Held: Court did not decide on merits because failure-to-remedy ground independently supported termination. |
| Whether the denial of mother’s motion for a second independent psychological evaluation and continuance was erroneous | Horton: Second evaluation was a reasonable ADA accommodation and necessary to show improvement after services | DHS: Motion was untimely; mother did not demonstrate that second evaluation was needed for meaningful access to services | Held: Appellate review waived for the separate February 6 order denying the motions because that order was not designated in the notice of appeal; procedural waiver. |
| Whether termination was in the child’s best interest | Horton: (implicit) preserving parental rights with accommodations is in the child’s interest | DHS/Trial court: child needs permanency and safety; continued risk and lack of guaranteed accommodations/supports | Held: Court found termination in best interest; appellant did not contest this on appeal. |
Key Cases Cited
- Shaffer v. Ark. Dep’t of Human Servs., 489 S.W.3d 182 (Ark. Ct. App. 2016) (standard of review and deference to trial court credibility in termination appeals)
- Morton v. Ark. Dep’t of Human Servs., 465 S.W.3d 871 (Ark. Ct. App. 2015) (interpreting failure-to-remedy statutory ground)
- Rodgers v. Ark. Dep’t of Human Servs., 506 S.W.3d 907 (Ark. Ct. App. 2016) (scope of conditions causing removal includes broader parental unfitness)
- Bean v. Ark. Dep’t of Human Servs., 513 S.W.3d 859 (Ark. Ct. App. 2017) (compliance with case plan does not preclude termination if parent remains unable to safely care for child)