Miller v. Arkansas Department of Human Services
491 S.W.3d 164
Ark. Ct. App.2016Background
- Father Jerod Miller appealed termination of his parental rights to daughter J.M. (born Oct. 24, 2013); appeal challenges only adoptability evidence.
- Circuit court found Miller had not remedied conditions, termination was in J.M.’s best interest, and the child was adoptable.
- Court opinion mistakenly stated it relied on testimony of a nonappearing witness, “Jennifer Matney.”
- Foster mother (who testified) stated she and her husband wanted to adopt J.M.; their home was not yet DHS-approved but they intended to pursue adoption.
- Miller argued lack of adoptability evidence because of the court’s reliance on the nonexistent witness.
- Court of Appeals reviewed the entire record de novo for clear error and affirmed, concluding sufficient evidence of adoptability existed based on foster parents’ testimony and overall best-interest analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court had evidence of child’s adoptability | Miller: termination order relied on testimony of a nonexistent witness, so no adoptability evidence | DHS: foster parents’ expressed intent to adopt supports adoptability; approval at hearing not required | Affirmed — foster parents’ testimony and record supported adoptability finding |
Key Cases Cited
- Dinkins v. Ark. Dep’t of Human Servs., 40 S.W.3d 286 (Ark. 2001) (standard for reviewing termination proceedings)
- Ullom v. Ark. Dep’t of Human Servs., 12 S.W.3d 204 (Ark. 2000) (termination reversed only for clear error)
- Wade v. Ark. Dep’t of Human Servs., 990 S.W.2d 509 (Ark. 1999) (definition of clearly erroneous)
- Conagra, Inc. v. Tyson Foods, 30 S.W.3d 725 (Ark. 2000) (de novo review opens entire record)
- Lively v. Ark. Dep’t of Human Servs., 456 S.W.3d 383 (Ark. App. 2015) (clarifying standard for appellate review of termination findings)