Poss v. Arkansas Department of Human Services
2014 Ark. App. 514
Ark. Ct. App.2014Background
- G.B. and C.F. were removed from Angela Poss's custody in Oct. 2012 after Poss's arrests for terroristic threatening, third-degree assault on a family member, and endangering the welfare of a minor, with Brumley then incarcerated.
- Adjudication in Nov. 2012 found the children dependent-neglected; Poss was noted for drug use and noncompliance with court orders, while Brumley was incarcerated and the court found limited ability to care for the children due to imprisonment.
- May 2013 review showed Brumley incarcerated, Poss failing a drug test leading to suspended visits, but the case goal remained reunification for a time.
- Sept. 2013 permanency order shifted the goal from reunification to adoption, finding Poss had multiple missed drug screens and unstable housing, and Brumley could not care for the children while imprisoned.
- DHS filed a petition for termination in Oct. 2013 alleging grounds including 12-months-failure-to-remedy (both parents) and other factors; Brumley also faced an imprisonment-ground claim.
- December 2013 termination hearing terminated Poss's rights based on 12-months-failure-to-remedy and other factors; Brumley's rights were not terminated, with appellate briefing ordered rebriefing as a merit case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of 12-months-failure-to-remedy grounds for Poss | Poss failed to remedy conditions; ongoing drug use and noncompliance show failure. | DHS efforts and evidence support continued risk and noncompliance justifying termination. | Termination upheld on Poss for 12-months-failure-to-remedy. |
| Sufficiency of 'other factors or issues' grounds for Poss | Other factors demonstrated risk after removal and noncompliance justify termination. | Evidence supports ongoing risk and failure to remedy even after removal. | Termination affirmed on the 'other factors' ground for Poss. |
| Whether Brumley’s imprisonment can sustain termination under the challenged grounds | Imprisonment and lack of immediate ability to care could support termination. | Imprisonment cannot alone support termination under the 12-months or 'other factors' grounds; services were not shown. | Court denied withdrawal and ordered rebriefing; termination on Brumley was not sustained as merits case. |
| Best interests and adoptability as to Brumley | G.B. is adoptable by relatives; Brumley cannot provide stability while imprisoned. | Brumley maintained contact and financial support; services could be provided upon release. | Not decided in this ruling; merits rebriefing ordered for Brumley. |
| Proper scope and handling of no-merit claims and evidentiary rulings | Counsel’s no-merit brief identifies no meritorious grounds. | Some rulings may impact rights and require briefing; not all argued points are reversible error. | Poss no-merit affirmed for mother; Brumley remanded for merit briefing; counsel withdrawn accordingly. |
Key Cases Cited
- Linker-Flores v. Ark. Dep’t Human Servs., 359 Ark. 131, 194 S.W.3d 739 (2004) (no-merit review and counsel withdrawal context)
- Lewis v. Ark. Dep’t of Human Servs., 364 Ark. 243, 217 S.W.3d 788 (2005) (overlooked adverse ruling not reversible error)
- Hardrick v. State, 47 Ark. App. 105, 885 S.W.2d 910 (1994) (declined to reach arguments lacking foundation)
- Reed v. Ark. Dep’t of Human Servs., 2010 Ark. App. 416, 375 S.W.3d 709 (2010) (best-interest/adoptability considerations)
- Jackson v. Ark. Dep’t of Human Servs., 2013 Ark. App. 411, 429 S.W.3d 276 (2013) (father’s imprisonment cannot ground removal under 12-months or 'other factors')
- Hoffman v. Ark. Dep’t of Human Servs., 2010 Ark. App. 856, 380 S.W.3d 454 (2010) (no-merit termination depending on grounds)
- Criswell v. Ark. Dep’t of Human Servs., 2014 Ark. App. 255, 435 S.W.3d 26 (2014) (imprisonment ground; different statutory ground than this case)