McMahan v. Arkansas Department of Human Services & Minor Child
2015 Ark. App. 556
| Ark. Ct. App. | 2015Background
- McMahan appeals termination of his parental rights to his son J.M. born 2011; DHS/AG petition granted termination, later reversed due to improper service, and a second termination order entered in 2015; J.M. has lived in foster care for over 32 months with pass-through issues of methamphetamine exposure, mother’s drug use, and domestic violence; McMahan was incarcerated 2013–2014 and has not visited since 2013; he owed back child support and had PTSD and oxycodone use; the trial court found best interests supported by adoption likelihood and potential harm if returned; McMahan challenges best-interest sufficiency, a venue/recusal issue, and reunification services after reversal; the mother consented to termination; J.M. is thriving in foster care.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Best-interest sufficiency | McMahan asserts trial court erred on potential-harm prong | Court should consider total history and harm to child | No clear error; best interest affirmed |
| Recusal/venue issue preservation | McMahan sought recusal venue change, briefed bias due to reversed order | Argument not preserved as recusal not properly raised; was on venue | Preservation lacking; not addressed on appeal |
| Reunification services after reversal | McMahan entitled to renewed services after reversal | No basis to reassess; existing permanency plan remained; services provided were adequate | No reversible error; termination affirmed |
Key Cases Cited
- Anderson v. Douglas, 310 Ark. 633, 839 S.W.2d 196 (1992) (Ark. 1992) (preservation of error governs recusal/venue arguments)