Loveday v. Arkansas Department of Human Services
2014 Ark. App. 282
| Ark. Ct. App. | 2014Background
- DHS took emergency custody of M.S., A.L., and K.L. in May 2012 after a report alleging M.S. was sexually abused by her father and the family was involved in drug activity.
- Loveday admitted drug use and failed drug tests; she was homeless and unable to secure stable housing at that time.
- June 2012: the court adjudicated the children dependent-neglected and set reunification as the goal, with visitation conditioned on drug testing.
- From late 2012 through early 2013, Loveday largely ceased participation in services and contact with DHS; visitation was suspended and services were not completed.
- June 2013: DHS and attorney ad litem petitioned for termination, alleging twelve months out of custody with failure to remedy, plus subsequent factors and abandonment.
- Loveday, during the termination hearing, was incarcerated on a three-year sentence and acknowledged limited participation; the court terminated parental rights on 8 October 2013, finding the best interests supported termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure-to-remedy supports termination | Loveday argues conditions were remedied before the hearing | DHS argues continued drug use and lack of housing show failure to remedy | Yes; grounds satisfied; termination affirmed |
| Whether substantial-period-in-prison grounds support termination | Loveday contends sole reliance on imprisonment is inappropriate | DHS contends imprisonment reflects ongoing incapacity to care | Yes; supported by statute; termination affirmed |
| Whether best-interest finding supports termination | Loveday asserts significant progress and imminent release | DHS emphasizes lack of stable housing and services; credibility assessed against Loveday | Yes; best interests supported; termination affirmed |
Key Cases Cited
- Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207, 40 S.W.3d 286 (2001) (clear and convincing standard; defer to trial court on credibility)
- Gossett v. Ark. Dep’t of Human Servs., 374 S.W.3d 205 (2010) (proof of one statutory ground suffices to terminate)
- Gutierrez v. Ark. Dep’t of Human Servs., ? (2012) (continued drug use supports failure-to-remedy)
- L.W. v. Ark. Dep’t of Human Servs., 380 S.W.3d 489 (2011) (potential harm and forward-looking evaluation in best interests)
- Meriweather v. Ark. Dep’t of Health & Human Servs., 255 S.W.3d 505 (2007) (permanency consideration over parental requests for more time)
- Dozier v. Ark. Dep’t of Human Servs., 372 S.W.3d 849 (2010) (stability and permanency override parental delays)
- Allen v. Ark. Dep’t of Human Servs., 384 S.W.3d 7 (2011) (continued noncompliance indicates potential harm)
- Latham v. Ark. Dep’t of Health & Human Servs., 256 S.W.3d 543 (2007) (failure to prove stable home supports termination)