Kristen Gibby v. Arkansas Department of Human Services and Minor Child, 643 S.W.3d 479

DHS removed IG (born 9/9/2020) shortly after birth and filed emergency custody; removal was tied to severe injuries sustained by sibling TP on 4/11/2020 (subdural hemorrhages, retinal hemorrhages, fractured rib, contusions).
Siblings TP and TF had previously been adjudicated dependent-neglected; circuit court took judicial notice of evidence from that companion case at IG’s adjudication.
Appellant Kristen Gibby was given a reunification case plan (drug screens, parenting classes, counseling, psychological evaluation, stable housing/employment); the goal was later changed to adoption.
DHS filed termination petitions alleging multiple statutory grounds including aggravated circumstances, felony battery causing serious injury, and that a sibling was dependent-neglected due to abuse endangering life.
The circuit court found by clear and convincing evidence that aggravated circumstances and other statutory grounds were met, and that termination was in IG’s best interest; it terminated appellant’s parental rights.
On appeal, Kristen argued insufficient evidence for statutory grounds and best-interest finding; the Court of Appeals affirmed, deferring to the trial court’s credibility findings and holding that aggravated circumstances and best-interest were supported.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of statutory grounds for termination (aggravated circumstances, felony battery, sibling abused/endangered)	Gibby: evidence insufficient to prove any statutory ground; trial court misapplied facts.	DHS: evidence (medical injuries to TP, inconsistent parental explanations, mother's drug use/admitted anger issues, father's failure to protect) supports aggravated circumstances and other grounds.	Court affirmed: clear-and-convincing evidence supports aggravated-circumstances ground; only one ground required.
Whether termination was in IG’s best interest (likelihood of adoption; potential harm if returned)	Gibby: she bonded with IG, complied with case plan, has housing and can separate from father; no evidence she harmed IG or poses danger.	DHS: mother either caused TP’s injuries or failed to protect TP; past conduct and failure to be honest about injuries/drugs indicate potential future harm.	Court affirmed: trial court reasonably found potential harm based on failure-to-protect and credibility findings; termination is in IG’s best interest.

Posey v. Ark. Dep’t of Health & Hum. Servs., 370 Ark. 500, 262 S.W.3d 159 (Ark. 2007) (definition and standard for clear and convincing evidence; appellate review in TPR cases).
Reid v. Ark. Dep’t of Hum. Servs., 2011 Ark. 187, 380 S.W.3d 918 (Ark. 2011) (only one statutory ground is necessary to support termination).
Cobb v. Ark. Dep’t of Hum. Servs., 2017 Ark. App. 85, 512 S.W.3d 694 (Ark. Ct. App. 2017) (focus on whether parent is a stable, safe caretaker despite case-plan compliance).
Bentley v. Ark. Dep’t of Hum. Servs., 2018 Ark. App. 374, 554 S.W.3d 285 (Ark. Ct. App. 2018) (appellate court will not reweigh evidence or reject credibility determinations of trial court).
Tovias v. Ark. Dep’t of Hum. Servs., 2020 Ark. App. 337, 601 S.W.3d 161 (Ark. Ct. App. 2020) (failure to protect can support finding of potential harm if child returned to parent).
Yelvington v. Ark. Dep’t of Hum. Servs., 2019 Ark. App. 337, 580 S.W.3d 874 (Ark. Ct. App. 2019) (parent’s past behavior is indicative of likely future harm).
Kohlman v. Ark. Dep’t of Hum. Servs., 2018 Ark. App. 164, 544 S.W.3d 595 (Ark. Ct. App. 2018) (if one ground is proven, court need not address others).
Yarbrough v. Ark. Dep’t of Hum. Servs., 2016 Ark. App. 429, 501 S.W.3d 839 (Ark. Ct. App. 2016) (adoptability need not be litigated on appeal if not challenged).