Krantz v. Arkansas Department of Human Services
380 S.W.3d 927
Ark.2011Background
- Krantz children removed to DHS custody via ex parte emergency order (Nov. 18, 2008).
- Probable-cause order entered (Dec. 22, 2008) reflecting continued conditions warranting DHS custody.
- Adjudicated dependent-neglected (Feb. 9, 2009).
- Permanency hearing (Oct. 27, 2009) found best interests favored terminating parental rights for adoption.
- Court entered termination of parental rights (Apr. 15, 2010).
- Appeal asserted First and Fourteenth Amendment free-exercise issues, admissibility of taped conversations, and alleged lack of proof of potential harm; court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Free exercise of religion and parental rights | Krantzes contend termination violates free-exercise rights | Court should apply standard as in Thorne; in-lined authority supports termination | Affirmed; free-exercise issue upheld in line with Myers/Thorne framework |
| Admission of telephone conversations | Taped exchanges with TACM members are hearsay and inadmissible | Evidence properly admitted; probative value not outweighed by prejudice | Affirmed; trial court properly admitted the conversations |
| Evidence of potential harm if returned to Krantzes | Grounds not proven by clear and convincing evidence; potential-harm finding not supported | Evidence supports potential-harm finding; termination warranted | Affirmed; trial court found potential harm and supported best interests under Ark. Code Ann. § 9-27-341(b)(3)(A) |
Key Cases Cited
- J.T. v. Ark. Dep't of Human Servs., 947 S.W.2d 761 (Ark. 1997) (two-step termination analysis; grounds plus potential-harm finding)
- Myers v. Arkansas Department of Human Services, 380 S.W.3d 906 (Ark. 2011) (affirms free-exercise review applied to termination cases)
- Thorne v. Arkansas Department of Human Services, 374 S.W.3d 912 (Ark. App. 2010) (free-exercise framework; cited for standard of review)
- Dinkins v. Ark. Dep't of Human Servs., 40 S.W.3d 286 (Ark. 2001) (clear-and-convincing standard; review of factual findings)
- Posey v. Ark. Dep't of Health & Human Servs., 262 S.W.3d 159 (Ark. 2007) (credibility and deference to trial court findings)