Rickman v. Arkansas Department of Human Services
2017 Ark. App. 610
| Ark. Ct. App. | 2017Background
- DHS assumed emergency custody of K.R. (b. 2007) on May 13, 2014 after Rickman tested positive for drugs and was found wearing an unprescribed morphine patch; K.R. was adjudicated dependent-neglected.
- Over the next three years DHS provided services (drug screens, counseling, parenting classes, home visits); permanency plans alternated but reunification remained a primary goal at times.
- Rickman repeatedly tested positive for amphetamines (multiple tests in 2016–2017) and admitted an Adderall addiction and attempts to obtain it improperly; mental-health evaluation noted borderline functioning and major depressive disorder.
- The circuit court found ongoing unsafe home conditions (clutter, trash, hazardous to a child) and continued involvement with a partner, Johnny Underwood, who Rickman admitted had physically and emotionally abused her and who continued frequent contact.
- DHS filed a motion to cease reunification services; after a February 9, 2017 hearing the court found by clear and convincing evidence that there was little likelihood that further services would result in successful reunification (an aggravated-circumstances finding) and terminated reunification services.
- Rickman appealed solely arguing insufficient evidence supported the court’s aggravated-circumstances finding; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to find "little likelihood" reunification would succeed (aggravated circumstances) | Rickman: Positive drug tests were unexplained speculation because DHS could not identify all medications causing amphetamine positives; homemaker services not provided for clutter | DHS: Multiple recent positive drug screens, admissions of Adderall addiction and improper procurement, unsafe home conditions, ongoing abusive relationship, and mental-health issues despite three years of services | Affirmed — appellate court found clear-and-convincing evidence of aggravated circumstances and that findings were not clearly erroneous |
| Whether pre-June 14, 2016 facts were barred by res judicata at the no-reunification hearing | Rickman: Pre-termination-hearing facts should be excluded | DHS/Court: Court limited evidence to relevant post-June 14, 2016 events but could consider prior findings from the case | Court allowed prior findings to be considered and proceeded; issues on appeal rested on post-hearing evidence and prior findings were not reversible error |
Key Cases Cited
- Chase v. Ark. Dep’t of Human Servs., 86 Ark. App. 237, 184 S.W.3d 453 (standard for reviewing clear-and-convincing findings; reversal only if clearly erroneous)
- McHenry v. Ark. Dep’t of Human Servs., 439 S.W.3d 724 (2014 Ark. App. 443) (appellate deference to circuit court’s credibility findings and observations in child-welfare cases)