L.W. v. Arkansas Department of Human Services
2011 Ark. App. 44
| Ark. Ct. App. | 2011Background
- L.W.1 appeals a circuit court termination of parental rights to her son L.K.W.
- DHS sought termination after L.W.1 ran away from foster care and was deemed not to have complied with case plans.
- The court previously considered reunification but changed the goal to termination after concerns about care and abandonment.
- The circuit court found three grounds: twelve-month failure to remedy, aggravated circumstances, and the subsequent-factors ground.
- L.K.W. is adoptable and the court found termination in his best interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravated circumstances support termination | L.W.1 argues insufficient evidence for grounds | DHS contends aggravated circumstances proven | Yes; aggravated circumstances supported termination |
| Whether twelve-month failure to remedy was proven | L.W.1 contends lack of clear evidence | DHS relies on prior abandonment finding | Court need not decide this if aggravated circumstances suffice |
| Whether termination is in L.K.W.’s best interest | L.W.1 claims potential to reunify and needs more time | DHS emphasizes adoptability and risk of harm | Termination in best interest based on adoptability and potential harm considerations |
| Whether L.K.W. was adoptable and termination benefits adoption | L.W.1 disputes readiness for adoption | L.K.W. adoptable and ready for permanent home | Adoptable; termination justified to secure permanency |
Key Cases Cited
- Lee v. Arkansas Dep’t of Human Servs., 102 Ark.App. 337, 285 S.W.3d 277 (2008) (adjudication and standards for termination)
- McFarland v. Ark. Dep't of Human Servs., 91 Ark.App. 323, 210 S.W.3d 143 (2005) (standards for termination and grounds)
- J.T. v. Ark. Dep't of Human Servs., 329 Ark. 243, 947 S.W.2d 761 (1997) (twin considerations in termination analysis)
- Jefferson v. Ark. Dep’t of Human Servs., 356 Ark. 647, 158 S.W.3d 129 (2004) (best-interest considerations and permanency)
- Bearden v. Ark. Dep’t of Human Servs., 344 Ark. 317, 42 S.W.3d 397 (2001) (abandonment definitions and termination framework)
- Smith v. Ark. Dep’t of Human Servs., 100 Ark.App. 74, 264 S.W.3d 559 (2007) (case-specific factors in termination)
- Dowdy v. Ark. Dep't of Human Servs., 2009 Ark. App. 180, 314 S.W.3d 722 (2009) (evidence standards for termination)
- Grant v. Ark. Dep't of Human Servs., 2010 Ark. App. 636, 378 S.W.3d 111 (2010) (evidence and permanency considerations)