Kerr v. Arkansas Department of Human Services & Minor Children
2016 Ark. App. 271
| Ark. Ct. App. | 2016Background
- Children K.K. (b. 2000) and C.M. (b. 2002) were removed after mother Charhon Kerr tested positive for methamphetamine; adjudicated dependent-neglected in 2012 and initially placed with maternal great-grandparents.
- DHS provided services throughout the case (parenting classes, drug/alcohol assessment, psychological evaluation, drug screens, treatment referrals); periodic review orders found DHS made reasonable efforts.
- Kerr showed intermittent compliance: significant progress in early 2013 led to a trial placement and return of the children, but she relapsed and tested positive for drugs in 2013–2014, leading to a second removal in March 2014.
- Despite ongoing services over nearly four years, Kerr continued to use illegal drugs, had mental-health instability, left a residential program before completion, and had not achieved stable housing or income.
- DHS filed a termination petition; the trial court terminated parental rights in 2015 on three statutory grounds, including aggravated circumstances (little likelihood further services would succeed), and found termination was in the children’s best interest, stating the children were adoptable.
- On appeal Kerr challenged (1) whether DHS made meaningful efforts to remedy removal causes and (2) whether there was evidence the children were adoptable (affecting the best-interest finding).
Issues
| Issue | Plaintiff's Argument (Kerr) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Whether DHS made "meaningful efforts" to correct removal causes so as to support termination under failure-to-remedy and subsequent-factors grounds | DHS failed to provide appropriate services after the second removal; thus meaningful efforts were lacking | DHS had provided reasonable and ongoing services over the entire four-year period; trial court relied also on an aggravated-circumstances ground that does not require additional services | Court affirmed: even if post-removal services were disputed, an aggravated-circumstances ground (little likelihood further services would succeed) supported termination |
| Whether there was sufficient evidence of adoptability to support the trial court’s best-interest finding | No evidence was introduced that the children were likely adoptable; thus best-interest finding was clearly erroneous | Trial court considered adoptability and referenced foster parents’ interest and attorney ad litem recommendation | Court reversed: absence of adoptability evidence (and no finding that its absence made no legal difference) required reversal of the best-interest determination and remand |
Key Cases Cited
- Wilson v. Arkansas Dept. of Human Servs., 476 S.W.3d 816 (Ark. Ct. App.) (standard of review and requirements for termination findings)
- Smith v. Arkansas Dept. of Human Servs., 431 S.W.3d 364 (Ark. Ct. App.) (trial court must consider likelihood of adoption and potential harm in best-interest analysis)
- Henson v. Arkansas Dept. of Human Servs., 434 S.W.3d 371 (Ark. Ct. App.) (credibility determinations are for the fact-finder)
- Brown v. Arkansas Dept. of Human Servs., 478 S.W.3d 272 (Ark. Ct. App.) (appellate review standard for clear-and-convincing findings)