Lester Cloninger v. Arkansas Department of Human Services and Minor Children
2020 Ark. App. 282
Ark. Ct. App.2020Background
- DHS removed CC and LC in October 2018 after parental drug use (positive screens for methamphetamine, amphetamines, THC) and a history of protective-services involvement dating to 2016 (including a newborn illegal-substance finding and a 2017 inadequate-supervision finding).
- The circuit court adjudicated the children dependent-neglected, set reunification as the goal, and ordered a case plan requiring drug assessment/treatment, counseling, stable housing/employment, parenting classes, random drug screens, and visitation.
- Lester was incarcerated for much of the case, had multiple drug-related arrests (including possession and terroristic threatening), visited the children only sporadically, and did not complete the case-plan services pre-removal; DHS testified it could not offer services to him while incarcerated.
- DHS filed a termination petition (subsequent factors and aggravated circumstances) in August 2019; at the September 2019 hearing DHS witnesses opined the parents had not engaged in services and that termination was in the children’s best interest given their adoptability and need for permanency.
- The circuit court terminated Lester’s parental rights, finding aggravated circumstances (little likelihood that services would lead to reunification) and that termination was in the children’s best interest; Lester appealed solely arguing DHS failed to provide services to him during incarceration.
- The Arkansas Court of Appeals affirmed, holding that aggravated circumstances were proved by clear and convincing evidence given Lester’s persistent criminal misconduct, long-term incarceration, and history of drug-related involvement impeding reunification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports termination based on aggravated circumstances (little likelihood services will effect reunification) | Lester: DHS admitted it offered no services to him while he was incarcerated, so evidence is insufficient to prove aggravated circumstances | DHS: Aggravated-circumstances finding does not require that meaningful services were provided; Lester’s incarceration, persistent criminal misconduct, and failure to engage with case services support the finding | Affirmed — court found aggravated circumstances proven by clear and convincing evidence given Lester’s incarceration, drug-related criminal history, and failure to address case-plan requirements |
Key Cases Cited
- Blackwood v. Arkansas Department of Human Services, 576 S.W.3d 95 (Ark. App. 2019) (standard for clear-and-convincing proof and appellate review of termination orders)
- Wafford v. Arkansas Department of Human Services, 495 S.W.3d 96 (Ark. App. 2016) (only one statutory ground is required to support termination)
- Draper v. Arkansas Department of Human Services, 389 S.W.3d 58 (Ark. App. 2012) (aggravated‑circumstances ground does not require proof that reunification services were provided)
- Willis v. Arkansas Department of Human Services, 538 S.W.3d 842 (Ark. App. 2017) (same principle regarding services and aggravated circumstances)
- Yarborough v. Arkansas Department of Human Services, 240 S.W.3d 626 (Ark. App. 2006) (court must do more than predict failure of services; sufficient evidentiary support required)
- Kohlman v. Arkansas Department of Human Services, 544 S.W.3d 595 (Ark. App. 2018) (upholding termination where parent’s incarceration and continued misconduct indicated impediment to reunification)