Jackson v. Arkansas Department of Human Services
2013 Ark. App. 411
| Ark. Ct. App. | 2013Background
- Jaron Jackson is the putative father of A.J.; DHS took custody after the mother tested positive for illegal drugs at the birth of a half‑sibling. Jackson’s whereabouts were unknown for much of the case and he first appeared at the October 13, 2012 termination hearing.
- The children were adjudicated dependent‑neglected; the mother’s parental rights were later terminated in a separate order. Jackson had not established paternity or participated in the case plan prior to his first appearance.
- DHS filed a termination petition alleging multiple statutory grounds, and Jackson was initially served by warning order; he was later personally served and appointed counsel when he appeared.
- At the termination hearing the trial court listed three statutory grounds: (1) child out of home 12 months and parent failed to remedy removal conditions, (2) parent willfully failed to provide material support or maintain meaningful contact, and (3) other subsequent factors and failure to remedy despite services. The court also found termination was in the child’s best interest.
- Jackson appealed solely on the ground of insufficient evidence for termination, arguing (a) one ground used was not pled (support/contact), (b) one ground did not apply to him (failure to remedy conditions that caused removal), and (c) DHS failed to show it offered services or that he failed to remedy subsequent factors.
Issues
| Issue | Plaintiff's Argument (Jackson) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Reliance on unpled ground (failure to provide support/maintain contact) | Trial court relied on a statutory ground not alleged in the petition, denying due process and notice | Evidence of no contact/support was relevant and admitted; DHS treated it as part of the case | Court: Reversed as to this ground — DHS never pled or argued it and Jackson lacked notice to defend it |
| Termination for failure to remedy conditions causing removal (12‑month/remedy ground) | Jackson didn’t cause the removal (mother’s drug use did); therefore the statutory ground does not fit him | DHS argued absence/lack of caregiver contributed to removal and thus the ground applies | Court: Rejected DHS’s broad construction; ground inapplicable to Jackson because removal was due to mother’s drug use |
| Termination for subsequent factors and failure to remedy despite services | DHS failed to offer or prove it offered appropriate services to Jackson after he appeared and did not attempt to assess or contact him | DHS suggested subsequent factors existed and Jackson had not engaged | Court: DHS failed to show it contacted Jackson, assessed suitability, or offered services; ground not proved |
Key Cases Cited
- J.T. v. Arkansas Department of Human Services, 329 Ark. 243, 947 S.W.2d 761 (standard for clear and convincing proof in TPR cases)
- Camarillo‑Cox v. Arkansas Department of Human Services, 360 Ark. 340, 201 S.W.3d 391 (deference to trial court credibility findings in juvenile matters)
- Jones v. Arkansas Department of Human Services, 361 Ark. 164, 205 S.W.3d 778 (courts must not alter statutory language; apply termination grounds as written)
- Right v. Arkansas Department of Human Services, 94 Ark. App. 400, 231 S.W.3d 103 (due‑process notice requirements in TPR proceedings)
- Meriweather v. Arkansas Department of Health & Human Services, 98 Ark. App. 328, 255 S.W.3d 505 (recognition that TPR is an extreme remedy but may be necessary for child’s welfare)