Kendra Brown v. Arkansas Department of Human Services and Minor Children
584 S.W.3d 276
Ark. Ct. App.2019Background
- DHS filed emergency custody (July 2017) after KB2 sustained head injuries and Brown tested positive for THC and cocaine; KB2 missed follow-up medical care and KB1’s hair test later was positive for drugs.
- August 2017 adjudication: both twins found dependent-neglected based on medical neglect and parental unfitness from Brown’s drug use.
- Brown completed many services (parenting classes, counseling, outpatient treatment, maintained housing and employment) but had multiple positive drug tests during the case (urine positives for THC and buprenorphine and hair positives for THC and later cocaine metabolites in July 2018).
- Permanency hearing (July 2018) changed goal to adoption due to concern over continued drug use and Brown’s denial; DHS and attorney ad litem sought termination in August 2018.
- Termination hearing (Oct. 3, 2018) included expert testimony confirming cocaine metabolites in Brown’s hair, a psychologist diagnosing substance and personality disorders, and DHS/CASA testimony that the twins remained at risk if returned.
- Circuit court terminated Brown’s parental rights (Nov. 7, 2018) based on statutory grounds and best-interest findings (adoptability and potential harm); Brown appealed only the sufficiency of the best-interest (potential-harm) finding and the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports the court’s best-interest finding (potential harm) | Brown: one failed hair test for cocaine (July 2018) and service compliance do not show ongoing risk; she denied intentional cocaine use | DHS: multiple drug positives over time, lack of insight/denial, expert testimony that metabolites indicate ingestion, and caseworker opinion that twins would be at risk | Affirmed: Court found clear-and-convincing evidence of ongoing drug use and lack of insight; potential harm established |
| Whether court erred by not giving weight to Brown’s newborn (in-home) or sibling relationships | Brown: caring for newborn without DHS concerns shows fitness; severance harms sibling ties | DHS: best-interest is determined individually for each child; little evidence of a genuine sibling bond with the newborn | Affirmed: court properly focused on best interest of each twin; minimal evidence of meaningful sibling bond did not undermine potential-harm finding |
Key Cases Cited
- Brown v. Ark. Dep’t of Human Servs., 529 S.W.3d 275 (Ark. Ct. App. 2017) (standard of review and best-interest framework for termination)
- Black v. Ark. Dep’t of Human Servs., 565 S.W.3d 518 (Ark. Ct. App. 2018) (court may reject weight of a parent’s custody of another child when assessing best interest of a child in DHS custody)
- Howell v. Ark. Dep’t of Human Servs., 517 S.W.3d 431 (Ark. Ct. App. 2017) (continuing illegal drug use during dependency-neglect case poses risk of harm)
- Allen v. Ark. Dep’t of Human Servs., 384 S.W.3d 7 (Ark. Ct. App. 2011) (drug use as a basis for potential-harm finding)
- Clark v. Ark. Dep’t of Human Servs., 575 S.W.3d 578 (Ark. Ct. App. 2019) (requirement for substantial evidence of a genuine sibling bond to outweigh best-interest grounds for termination)
- Allen-Grace v. Ark. Dep’t of Human Servs., 577 S.W.3d 397 (Ark. Ct. App. 2019) (best interest of each child is the controlling consideration)