Moses v. Arkansas Department of Human Services
2014 Ark. App. 466
| Ark. Ct. App. | 2014Background
- In Feb. 2013 Arkansas Children’s Hospital x-rays showed multiple unexplained fractures to T.M. (about 1) and A.M. (infant); DHS removed the children and the circuit court adjudicated them dependent-neglected.
- Mother (Kiara Walker) was found to have allowed extreme cruelty and the court terminated her parental rights; she is not a party to this appeal.
- Father Tyrone Moses, Sr., was incarcerated when the injuries occurred; DHS alleged only the statutory "incarceration" ground for termination in its petition.
- Moses was serving a five-year prison sentence (incarcerated since Sept. 2012); he had convictions for violent offenses and a history of physical abuse against the mother and a police officer.
- At the termination hearing Moses offered evidence of prison programs completed, limited prior contact with the children, family members willing to care for the children during his incarceration, and plans for post-release living; DHS recommended termination because Moses was unable to provide for the children in the near future.
- The circuit court terminated Moses's parental rights, finding termination was in the children’s best interest and that his five-year sentence constituted a substantial period of the juveniles’ lives; the court’s decision is appealed.
Issues
| Issue | Plaintiff's Argument (Moses) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Whether termination is in the children’s best interest | Moses argued insufficient evidence of potential harm; he had taken steps (anger-resolution, parenting waitlist), family could care for children, and he had some prior contact | DHS argued Moses’s incarceration and violent history made him unable to care for or protect the children in the foreseeable future | Court affirmed: clear-and-convincing evidence supported best-interest finding based on incarceration, violent history, lack of established caregiving relationship, and uncertainty of post-release fitness |
| Whether statutory "incarceration" ground (parent sentenced for period constituting a substantial portion of child’s life) was proven | Moses argued statute is vague about “substantial period,” preservation of bonds favored him, and five years is not necessarily substantial | DHS relied on five-year sentence and children’s infancy at incarceration to show substantial portion of their lives would be affected | Court affirmed: five-year sentence was a substantial period of these juveniles’ lives and satisfied the statutory ground |
Key Cases Cited
- Moore v. Arkansas Dep’t of Human Servs., 333 Ark. 288, 969 S.W.2d 186 (parent served long prison term; incarceration can justify termination)
- Thompson v. Arkansas Dep’t of Human Servs., 59 Ark. App. 141, 954 S.W.2d 292 (long prison sentence supports termination)
- Fields v. Arkansas Dep’t of Human Servs., 104 Ark. App. 37, 289 S.W.3d 734 (multi-year sentences found substantial portion of child’s life)