Madison v. Arkansas Department of Human Services
2013 Ark. App. 368
| Ark. Ct. App. | 2013Background
- DHS filed emergency custody for five Madison/Knuckles children on 6/24/2010 after a car stop showed Madison hiding meth; children were unbelted and poorly dressed.
- Knuckles has a true finding of sexual abuse against his older daughter and a pending sex-abuse allegation against a relative; he refused a drug test at removal.
- A dependency-neglect adjudication followed, with three subsequent review hearings; a trial home placement with Madison began 5/10/2011 and was considered successful to that point.
- A 15-month review on 2/10/2012 found not returning the children to Madison was in their welfare and shifted the goal to adoption; Knuckles’ paternity, drug treatment compliance, and contact with DHS were problematic for both parents.
- A termination petition was filed 12/12/2011 alleging ongoing risk and lack of compliance; trial continued to 6/7/2012 with an order on 10/25/2012 terminating parental rights.
- The appellate standard is de novo review on termination, with clear and convincing evidence of best interest and statutory grounds required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Best-interest in termination evaluated | Madison/Knuckles contend best interest not shown | DHS/GAL argue best interest supported | Best interest supported; termination affirmed |
| Existence of statutory grounds for termination | Pleadings show ongoing noncompliance | One or more statutory grounds proven | At least one statutory ground proven; termination upheld |
| Adequacy of services to Knuckles | DHS failed to provide recommended outpatient treatment | Not a necessary best-interest argument; services insufficient to overcome risk | Not a reversible error; child welfare risk remains |
| Adoptability finding supported | Children are adoptable per foster supervisor | Adoptability supported by supervisor testimony | |
| Court’s deference to trial-court credibility | Trial court credibility respected; deference given | Appellate court did not reverse credibility findings |
Key Cases Cited
- Cobbs v. Ark. Dep’t of Human Servs., 87 Ark.App. 188, 189 S.W.3d 487 (2004) (Ark. App. 2004) (adoptability testimony suffices to support adoptability finding)
- J.T. v. Ark. Dep’t of Human Servs., 329 Ark. 243, 947 S.W.2d 761 (1997) (Ark. 1997) (clear-and-convincing standard and reversal standard on erroneous findings)
- Hune v. Ark. Dep’t of Human Servs., 2010 Ark. App. 543 (Ark. App. 2010) (de novo review in termination cases)
- KC. v. Ark. Dep’t of Human Servs., 2010 Ark. App. 353, 374 S.W.3d 884 (Ark. App. 2010) (appellate deferential review of credibility in best-interest determinations)
- Gossett v. Ark. Dep’t of Human Servs., 2010 Ark. App. 240, 374 S.W.3d 205 (Ark. App. 2010) (single statutory ground suffices for termination)
- Benedict v. Ark. Dep’t of Human Servs., 96 Ark. App. 395, 242 S.W.3d 305 (2006) (Ark. App. 2006) (preservation of familial bonds not absolute; context matters)