Robinson v. Arkansas Department of Human Services
2017 Ark. App. 262
| Ark. Ct. App. | 2017Background
- DHS removed D.R. (2½) in Dec. 2015 after father's homelessness, positive THC test, and mother Eugenia’s absence; Eugenia previously had involuntary termination of rights to an older child (A.R.) in 2014.
- D.R. adjudicated dependent-neglected (Feb. 2016); case plan required stable housing, employment, drug treatment, psychological evaluation, parenting classes, and counseling.
- Eugenia gave birth to J.R. in June 2016; J.R. was removed the next day because Eugenia lacked suitable housing and was living with a third party who obstructed DHS visits.
- DHS petitioned to terminate Eugenia’s parental rights (Aug. 2016), alleging aggravated circumstances/little likelihood of successful reunification and prior involuntary termination regarding a sibling.
- At the termination hearing, DHS presented evidence of likely adoptability, Eugenia’s continued positive THC tests (including shortly before the hearing), unstable and impermissible housing, untreated bipolar disorder, and continued association with the father (who had drug and mental-health issues).
- The circuit court found statutory grounds proved and termination to be in the children’s best interest; the Arkansas Court of Appeals affirmed and granted counsel’s no-merit motion to withdraw.
Issues
| Issue | Plaintiff's Argument (Robinson) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Whether termination was in children’s best interest | Robinson implicitly argued return was appropriate (no pro se points filed) | DHS: children likely to be adopted; return posed potential harm due to drug use, unstable housing, mental-health noncompliance | Affirmed: best-interest finding supported by adoptability and potential harm evidence |
| Whether statutory grounds for termination were proved (aggravated circumstances / little likelihood of reunification) | Robinson disputed (no preserved appellate points) | DHS: demonstrated chronic instability, continued drug use, and lack of progress on case plan | Court accepted aggravated-circumstances finding as supported |
| Whether prior involuntary termination of parental rights to a sibling bars reunification | Robinson contended prior termination did not justify current termination | DHS admitted the 2014 involuntary-termination order into evidence | Affirmed: prior involuntary termination to sibling is a statutorily sufficient ground |
| Whether appeal has arguable merit and counsel may withdraw under Linker-Flores/Rule 6-9(i) | Robinson’s counsel filed a no-merit brief seeking permission to withdraw | DHS did not contest; clerk attempted to notify Eugenia who did not file pro se points | Court held counsel complied with no-merit requirements and granted withdrawal; appeal is without merit |
Key Cases Cited
- Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004) (procedures for no-merit appeals and counsel withdrawal in parental-rights cases)
- Vasquez v. Ark. Dep’t of Human Servs., 337 S.W.3d 552 (Ark. App. 2009) (best-interest analysis: adoptability and potential harm standard)
- Davis v. Ark. Dep’t of Human Servs., 370 S.W.3d 283 (Ark. App. 2009) (evidence of adoptive interest supports best-interest finding)
- Allen v. Ark. Dep’t of Human Servs., 384 S.W.3d 7 (Ark. App. 2011) (continued parental drug use can support potential-harm finding)
- Draper v. Ark. Dep’t of Human Servs., 389 S.W.3d 58 (Ark. App. 2012) (only one statutory ground required to terminate parental rights)