Robert Bevell v. Arkansas Department of Human Services and Minor Child
662 S.W.3d 259
Ark. Ct. App.2023Background
- DHS removed Minor Child (MC) and siblings March 25, 2021 for medical and environmental neglect; Robert Bevell was identified as a putative father and ordered to submit to paternity testing.
- Bevell missed multiple DNA appointments, was incarcerated for most of the case, and provided a DNA sample in December 2021 showing he is MC’s biological father.
- At the permanency-planning hearing the court orally found Bevell to be MC’s biological father; the written order described him as MC’s “legal father.”
- MC has developmental delays, was in therapy, had not seen Bevell for ~2 years and believed he was dead; DHS changed the goal to adoption and later petitioned to terminate Bevell’s parental rights.
- DHS alleged failure to remedy, subsequent factors, and aggravated circumstances; at the June 23, 2022 termination hearing the court found aggravated circumstances and that termination was in MC’s best interest; Bevell appealed.
Issues
| Issue | Plaintiff's Argument (Bevell) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Whether the court made a required finding that Bevell is a parent | No written order expressly found biological paternity; termination requires an express parental finding | Oral finding at permanency hearing plus written reference to "legal father" suffices to establish parental status | Court: oral finding of biological paternity together with the written "legal father" reference satisfied the parental-status requirement |
| Whether statutory grounds support termination (aggravated circumstances) | Insufficient evidence; DHS didn’t provide meaningful services | Bevell’s repeated nonparticipation, long incarceration, missed DNA tests, and little likelihood of reunification establish aggravated circumstances | Court: aggravated circumstances proven; no clear error in finding little likelihood services would achieve reunification |
| Whether lack of meaningful services requires reversal | DHS’s failure to provide services supports reversal | A finding of aggravated circumstances does not require proof that DHS provided services; Bevell failed to engage when not incarcerated | Court: no reversible error; aggravated-circumstances ground stands despite limited services |
| Whether termination was in the child’s best interest / whether less-restrictive relative placement existed | Termination unnecessary; relatives available to care for MC | MC is adoptable, has no bond with Bevell, relatives were unapproved/unsuitable, and Bevell was incarcerated—harm would result from delaying permanency | Court: termination is in MC’s best interest; relatives were not approved and delay would harm the child |
Key Cases Cited
- Earls v. Ark. Dep’t of Human Servs., 2017 Ark. 171 (court must make an express finding of paternity before terminating parental rights)
- Northcross v. Ark. Dep’t of Human Servs., 2018 Ark. App. 320 (DNA evidence alone insufficient without a judicial finding of parentage)
- Burks v. Ark. Dep’t of Human Servs., 2021 Ark. App. 309 (reversed termination where parental status was not resolved on the record)
- Tovias v. Ark. Dep’t of Human Servs., 2019 Ark. App. 228 (if court finds biological paternity, use of "legal father" in an order can suffice to demonstrate parentage)
- Willis v. Ark. Dep’t of Human Servs., 2017 Ark. App. 559 (aggravated-circumstances finding does not require DHS to prove that meaningful reunification services were provided)
- Duncan v. Ark. Dep’t of Human Servs., 2014 Ark. App. 489 (lack/delay of services can warrant reversal when parent was actively engaged and progressing)
- Nespor v. Ark. Dep’t of Human Servs., 2011 Ark. App. 745 (oral findings may be considered to determine the intent of a court’s written order)
- Fraser v. Ark. Dep’t of Human Servs., 2018 Ark. App. 395 (incarceration and lack of relationship support a best-interest finding for termination)