Snow v. Ark. Dep't of Human Servs.
2017 Ark. App. 655
| Ark. Ct. App. | 2017Background
- Infant A.S. (b. Jan. 27, 2016) was rushed to ER with seizures, brain swelling/bleeding, and a fresh clavicle fracture; physicians concluded injuries were nonaccidental. DHS filed emergency custody and dependency-neglect petitions in Feb. 2016.
- Mother (Alyssia Kirby) and Jonathan Snow (putative father) were the only primary caregivers; Kirby denied plausible explanations for injuries; Snow initially was minimally involved and only began visiting after paternity was established in Aug. 2016.
- A.S. was adjudicated dependent-neglected in May 2016 based on injuries creating a serious risk of death/impairment and caregiver failure to prevent abuse; reunification was the primary goal with concurrent relative placement.
- DHS petitioned to terminate Snow’s parental rights in Oct. 2016, alleging (1) dependency-neglect from abuse while Snow was present, (2) post-petition noncompliance/lack of interest, and (3) aggravated circumstances and refusal to be truthful; DHS argued services were unlikely to achieve reunification.
- Termination hearing held Dec. 19, 2016; court found medical testimony (Dr. Farst) credible that injuries were inflicted, found both parents not credible, and concluded one or both caregivers caused the injuries.
- Circuit court terminated Snow’s parental rights on Apr. 3, 2017, finding DHS proved all statutory grounds, services were unlikely to succeed, and termination was in A.S.’s best interest; Snow appealed. Counsel filed a Linker-Flores no-merit brief and sought to withdraw; Snow filed no pro se points.
Issues
| Issue | Plaintiff's Argument (DHS) | Defendant's Argument (Snow) | Held |
|---|---|---|---|
| Whether statutory grounds for termination were proven (abuse-related dependency-neglect) | Medical evidence shows nonaccidental inflicted injuries while Snow was a primary caregiver; statutory ground satisfied. | Snow could not explain injuries plausibly; contested credibility but offered no alternative cause. | Court held DHS proved the abuse-related dependency-neglect ground. |
| Whether aggravated circumstances / refusal to be truthful existed making services futile | Parents refused to be truthful, faced criminal charges, and therefore services were unlikely to effect reunification. | Snow argued for reunification potential and disputed reliability of conclusions. | Court found aggravated circumstances and little likelihood services would achieve reunification. |
| Whether termination was in the child’s best interest | Returning A.S. to caregivers who severely injured him and deny responsibility would risk further harm; foster home is capable and willing to adopt. | Snow asserted parental attachments and potential to remedy issues. | Court held termination was in A.S.’s best interest. |
| Whether counsel's no-merit brief and motion to withdraw were appropriate on appeal | Counsel contended no meritorious appellate issues after record review (Linker-Flores procedure). | Snow filed no pro se points after being notified. | Court granted counsel’s motion to withdraw and affirmed—appeal deemed wholly without merit. |
Key Cases Cited
- Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131 (2003) (procedure for counsel to file no-merit brief and move to withdraw in appeals from termination orders)