Jacobs v. Arkansas Department of Human Services
2017 Ark. App. 586
| Ark. Ct. App. | 2017Background
- DHS filed emergency custody/ dependency-neglect petition in May 2015 after a domestic disturbance and evidence Jacobs had used methamphetamine; an ex parte emergency custody order issued immediately.
- DHS had a prior 2014 case: Jacobs and newborn tested positive for drugs; she refused assessment then and evaded services. Reunification was the case goal in 2015 with requirements for housing, treatment, psychological evaluation, random drug screens, domestic-violence classes, and resolving criminal charges.
- Over the next 16 months Jacobs completed two inpatient drug-treatment programs, parenting classes, and a psychological evaluation but repeatedly failed to complete outpatient treatment, domestic-violence classes, and maintain stable independent housing and transportation.
- Jacobs admitted multiple relapses (including amphetamines and THC) during the case, several arrests occurred while children were out of her custody, and the children remained out of her care for twenty months at the time of the termination hearing.
- DHS filed to terminate parental rights in October 2016 under multiple statutory grounds; after a January 2017 hearing the circuit court found statutory grounds and that termination was in the children’s best interest, and Jacobs appealed only the best-interest finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was in children’s best interest | Jacobs: she made measurable progress, self-reported relapses, completed two inpatient programs, and needed more time to show stable sobriety; a one-time relapse alone should not justify termination | DHS/Court: ongoing significant substance abuse, multiple relapses, failure to complete outpatient treatment, instability in housing/transportation, multiple arrests, and children’s need for permanency outweigh additional time | Affirmed — termination was not clearly erroneous; best interest supported by pattern of substance abuse, noncompliance, arrests, and need for permanency |
Key Cases Cited
- Lively v. Ark. Dep’t of Human Servs., 456 S.W.3d 383 (Ark. Ct. App. 2015) (standard of review and DHS burden in termination cases)
- Wafford v. Ark. Dep’t of Human Servs., 495 S.W.3d 96 (Ark. Ct. App. 2016) (two-step termination analysis: statutory ground and best-interest inquiry)
- Chaffin v. Ark. Dep’t of Human Servs., 471 S.W.3d 251 (Ark. Ct. App. 2015) (adoptability and potential harm are factors in best-interest analysis but not separate elements)
- Knight v. Ark. Dep’t of Human Servs., 189 S.W.3d 498 (Ark. Ct. App. 2004) (one-time relapse may not justify termination in limited circumstances)
- Contreras v. Ark. Dep’t of Human Servs., 474 S.W.3d 510 (Ark. Ct. App. 2015) (child’s need for permanency can override a parent’s request for more time)