McPherson v. Ark. Dep't of Human Servs.
2013 Ark. App. 525
Ark. Ct. App.2013Background
- Mother (Kayla McPherson) appealed termination of her parental rights to three children following an April 2011 adjudication of dependent-neglected for inadequate supervision.
- Children were removed after emergency custody due to risk of severe maltreatment; initial goal was reunification.
- ADHS sought termination by May 2013, citing homelessness, unemployment, methamphetamine use, and failure to take prescribed medications for bipolar disorder and schizophrenia.
- Mother failed to complete the case plan within one year; visitation was missed repeatedly, she had a psychiatric inpatient admission in April 2012, missed medication-management appointments, and did not complete court-ordered parenting classes.
- Mother testified she was making progress (had a signed lease and recent cash employment) but the trial court found her testimony not credible and credited ADHS testimony of relapse and instability.
- Trial court terminated parental rights; the written termination order was filed more than thirty days after the hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court should have granted more time to complete the case plan despite the one-year noncompliance | McPherson: she was making progress and needed more time to complete the plan | ADHS: mother did not make sustained progress, relapsed, remained unstable, and failed to comply with required services | Court: No; evidence (credibility findings, missed services, relapse) supported termination despite recent alleged improvement |
| Whether untimely entry (more than 30 days) of the written termination order deprived the court of jurisdiction or required vacatur | McPherson: cited the delay as error and example that cases take time (did not claim prejudice or seek specific remedy) | ADHS: delay does not divest jurisdiction and statute contains no sanction for late filing | Court: No prejudicial error; following precedent, untimely filing did not strip jurisdiction or require vacation of the order |
Key Cases Cited
- Sowell v. Arkansas Department of Human Services, 96 Ark. App. 325, 241 S.W.3d 767 (Ark. Ct. App. 2006) (parental-rights termination requires clear and convincing evidence and is extreme remedy)
- Camarillo-Cox v. Arkansas Department of Human Services, 360 Ark. 340, 201 S.W.3d 391 (Ark. 2005) (improvement near termination does not necessarily bar termination if overall noncompliance persists)
- Trout v. Arkansas Department of Human Services, 359 Ark. 283, 197 S.W.3d 486 (Ark. 2004) (deference to trial court credibility determinations in dependency cases)
- Wade v. Arkansas Department of Human Services, 337 Ark. 353, 990 S.W.2d 509 (Ark. 1999) (failure to file written termination order within statutory 30 days does not strip court of jurisdiction absent statutory sanction)