Morton v. Arkansas Department of Human Services
2015 Ark. App. 388
| Ark. Ct. App. | 2015Background
- DHS removed three children from Brittany Morton in Sept. 2013 after Morton and her partner were arrested for DWI/endangerment; Morton tested positive for methamphetamine, marijuana, and benzodiazepines. The children were adjudicated dependent-neglected in Nov. 2013.
- Morton had prior DHS involvement in 2008 for drug use that led to a two-year foster placement before reunification. In the current case, Morton was noncompliant with the case plan, jailed for new felony drug charges, and convicted during the case (received probation).
- DHS offered services (substance-abuse treatment referrals, parenting classes, psychological evaluation, counseling). The record shows missed treatment assessments and inconsistent participation; Morton had some NA attendance, parenting-class completion, a psychological evaluation, and recent employment but had not completed a drug assessment or formal treatment.
- DHS filed to terminate Morton’s parental rights in Oct. 2014, alleging failure-to-remedy and other statutory grounds and asserting termination was in the children’s best interest; foster parents were willing to adopt.
- At the Nov. 2014 termination hearing, caseworkers testified Morton lacked suitable housing, had an unsafe home environment with her mother, and had not completed drug treatment; the circuit court found DHS proved the statutory ground and that termination was in the children’s best interest.
Issues
| Issue | Plaintiff's Argument (Morton) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Whether clear-and-convincing evidence supports termination under the failure-to-remedy ground | Morton: She had six months clean drug screens, completed parenting classes and NA meetings, obtained employment, and the drug-assessment failure was due to logistical/financial barriers and DHS delay; she requested more time. | DHS: Morton continued serious drug use, incurred new felony convictions, failed to attend drug assessments/treatment, lacked stable housing and income despite offered services. | Affirmed: Court found failure-to-remedy proven by clear-and-convincing evidence. |
| Whether termination is in the children’s best interest | Morton: No evidence of potential harm; she was progressing and willing to reunify; DHS failed to provide needed assistance. | DHS: Children face potential harm from mother’s continued substance abuse history, jail time, unstable/inadequate housing; foster placement offers permanency and likely adoption. | Affirmed: Court found termination was in children’s best interest based on potential harm and likelihood of adoption. |
Key Cases Cited
- Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207, 40 S.W.3d 286 (discusses clear-and-convincing standard for termination)
- Gossett v. Ark. Dep’t of Human Servs., 374 S.W.3d 205 (proof of one statutory ground is sufficient to terminate parental rights)
- Meriweather v. Ark. Dep’t of Health & Human Servs., 255 S.W.3d 505 (child’s need for permanency can override a parent’s request for more time)
- Gutierrez v. Ark. Dep’t of Human Servs., 424 S.W.3d 329 (affirming termination where parent’s drug use continued and impeded reunification)
- Loveday v. Ark. Dep’t of Human Servs., 435 S.W.3d 504 (affirming termination where parent had new drug charges and lacked safe, stable housing)
- Harbin v. Ark. Dep’t of Human Servs., 451 S.W.3d 231 (past behavior may be considered predictive of potential harm)