Morrison v. Arkansas Department of Human Services, 429 S.W.3d 329

DHS removed C.M. (b. 2001) and M.M. (b. 1999) from their mother’s custody in Dec. 2010; Nicholas Morrison (father) lived in Oklahoma with his wife and was disabled.
Temporary custody went to Cecilia Costanzo; DHS initiated ICPC home-study for placement with Morrison; Oklahoma DHS later conducted a home study recommending placement but ultimately refused ICPC approval in Jan. 2012.
Court adjudicated the children dependent–neglected due to danger from the mother’s husband’s drug use and violent outbursts; reunification with mother was original goal and joint custody for Morrison was contemplated.
During the case DHS identified ongoing concerns about Morrison’s household cleanliness, supervision, income/stability, and parenting (including incidents injuring a child and inadequate medical attention for a cut).
After multiple reviews and a 15-month permanency hearing, the court changed the goal to termination and adoption; DHS petitioned to terminate Morrison’s parental rights in Oct. 2012.
Trial court found DHS proved by clear and convincing evidence (1) return to Morrison was contrary to the children’s health, safety, or welfare due to Morrison’s incapacity/indifference and (2) little likelihood reunification would succeed; termination affirmed on appeal.

Issue	Morrison's Argument	DHS/Respondent's Argument	Held
Whether termination was in the children’s best interest	Termination not shown by clear and convincing evidence; ICPC refusal and the home problems were isolated incidents; DHS failed to provide appropriate services — reunification should continue	Continued concerns about parenting, supervision, income, environment, failed ICPC approval, and children’s need for permanency; services had been provided	Court affirmed: sufficient evidence supported best-interest finding and termination

Blackerby v. Arkansas Dep’t of Human Servs., 373 S.W.3d 375 (Ark. 2009) (discusses burden and seriousness of terminating parental rights)
Camarillo-Cox v. Arkansas Dep’t of Human Servs., 201 S.W.3d 391 (Ark. 2005) (parental-rights termination standard and best interests analysis)
Cariker v. Arkansas Dep’t of Human Servs., 385 S.W.3d 859 (Ark. App. 2011) (potential-harm inquiry and breadth of analysis)
Cole v. Arkansas Dep’t of Human Servs., 394 S.W.3d 318 (Ark. App. 2012) (completion of case plan alone does not guarantee reunification)
Lassiter v. Dept. of Social Servs., 452 U.S. 18 (1981) (termination of parental rights is total and irrevocable)