Marion v. Ark. Dep't of Human Servs.
2017 Ark. App. 591
| Ark. Ct. App. | 2017Background
- DHS removed M.M. (b. 2001) and J.L. (b. 2004) from Monica Marion on December 7, 2015 after reports of instability, suspected drug use (THC positive), untreated mental-health issues, neglect (locked out of room), and homelessness at a shelter.
- Marion stipulated to probable cause; children were adjudicated dependent-neglected and DHS provided services with court-ordered case-plan requirements.
- Court-ordered services included random drug screens, hair-follicle test, drug-and-alcohol assessment, psychological evaluation, counseling, parenting classes, and maintaining stable housing/employment/contact information.
- Marion participated minimally: one random drug screen, delayed hair test, no assessment or psychological evaluation, limited counseling, claimed prior parenting classes, remained homeless, unemployed, and did not provide reliable contact information.
- DHS filed to terminate parental rights; following a February 1, 2017 hearing the trial court found clear-and-convincing evidence of at least three statutory grounds (including twelve-month failure to remedy, subsequent factors, and aggravated circumstances) and that termination was in the children’s best interests.
- Appellate counsel filed a no-merit brief under Ark. Sup. Ct. R. 6-9(i); Marion filed pro se points. The Court of Appeals affirmed and granted counsel’s motion to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination is supported by statutory grounds (e.g., 12-month failure to remedy / subsequent factors / aggravated circumstances) | Marion argued she made efforts, faced obstacles as a single parent, and sought to reunify with her children | DHS argued Marion failed to comply with services, remained homeless, untreated for substance use/mental health, and was unreachable | Court held statutory grounds were proven by clear and convincing evidence and supported termination |
| Whether termination was in children’s best interests (adoptability and potential harm) | Marion requested return of children and asserted her parenting efforts | DHS and foster parents showed adoptability; returning children posed health/safety risks due to Marion’s instability | Court held termination was in best interests given adoptability and potential harm to children |
| Adequacy of appellate counsel’s no-merit brief under Rule 6-9(i) | Marion relied on pro se letter; counsel filed no-merit brief acknowledging adverse ruling and grounds | Appellate counsel asserted there were no meritorious issues to appeal and complied with Rule 6-9(i) requirements | Court held counsel complied with Rule 6-9(i) and granted motion to withdraw |
| Whether appellate court should reweigh credibility or second-guess trial court | Marion asked for reversal based on her explanations and hardships | DHS relied on trial court’s credibility findings and record of noncompliance | Court held it will not reweigh evidence or overturn credibility determinations; affirmed termination |
Key Cases Cited
- Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (Ark. 2004) (procedure for no-merit appeals in TPR cases)
- Posey v. Arkansas Department of Human Services, 370 Ark. 500, 262 S.W.3d 159 (Ark. 2007) (appellate court will not reweigh evidence or second-guess trial court credibility determinations)