McGaugh v. Arkansas Department of Human Services
2016 Ark. App. 485
| Ark. Ct. App. | 2016Background
- DHS filed for emergency custody after McGaugh tested positive for opiates at A.M.'s birth and admitted methamphetamine use during pregnancy; children were removed in Nov. 2014 when McGaugh was incarcerated.
- McGaugh was sentenced to seven years on Dec. 1, 2014, and had been incarcerated 12 of the prior 15 months; she had repeated probation violations and no stable housing, employment, or transportation.
- Juveniles were adjudicated dependent-neglected; DHS provided services but McGaugh largely failed to comply (attended one parenting class, missed evaluations/counseling/visits, poor contact with DHS).
- DHS petitioned to terminate parental rights alleging three statutory grounds: subsequent-other-factors failure-to-remedy, sentenced-in-criminal-proceeding, and aggravated circumstances; termination hearing held Feb. 2, 2016.
- Circuit court found six grounds (including some not pled), and that termination was in the children’s best interest; it terminated McGaugh’s parental rights on Feb. 26, 2016.
- McGaugh’s counsel filed a no-merit brief under Ark. Sup. Ct. R. 6-9(i) and moved to withdraw; the Court of Appeals reviewed de novo and affirmed termination and allowed counsel to withdraw.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutory grounds for termination were proved | McGaugh: grounds are not supported / some grounds not pled | DHS: clear-and-convincing evidence proved the alleged grounds | Court: DHS proved the three pleaded grounds by clear and convincing evidence; termination supported |
| Whether circuit court may rely on unpled grounds | McGaugh: court relied on unpled grounds (error) | DHS: only one proven ground needed; pleaded grounds were proven | Court: noting unpled grounds is error in other contexts but harmless here because pleaded grounds suffice |
| Whether termination was in children’s best interest | McGaugh: argued continuance might allow reunification and challenge to best-interest | DHS: children are adoptable, thriving in foster care, and reunification unlikely given mother’s history | Court: best-interest finding not clearly erroneous; termination affirmed |
| Whether denial of continuance was an abuse of discretion | McGaugh: needed continuance until anticipated release to complete case plan | DHS: lack of diligence, prior continuances granted, no prejudice shown | Court: denial not an abuse; McGaugh showed lack of diligence and no prejudice |
Key Cases Cited
- Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (Ark. 2004) (authorizes no-merit procedure in termination appeals)
- Harbin v. Arkansas Department of Human Services, 451 S.W.3d 231 (Ark. App. 2014) (two-step termination analysis; past behavior as predictor of future harm)
- Cheney v. Arkansas Department of Human Services, 396 S.W.3d 272 (Ark. App. 2012) (standard of de novo review in termination cases)
- Martin v. Arkansas Department of Human Services, 465 S.W.3d 881 (Ark. App. 2015) (continuance standard; lack of diligence and prejudice analysis)