Spencer v. Ark. Dep't of Human Servs.
2014 Ark. App. 670
Ark. Ct. App.2014Background
- DHS removed JA (born 2004) and JS (born 2005) in Feb 2013; paternal grandfather Thomas Spencer had guardianship since 2005.
- JS alleged sexual abuse by her grandfather; children adjudicated dependent-neglected in May 2013.
- Appellant Brandi Spencer was living out of state and largely absent; she did not participate in services.
- DHS pursued termination; a warning order and several continuances occurred; Steven Spencer (putative father) consented to termination in Feb 2014.
- April 2014 termination order found clear and convincing evidence of best interests and multiple grounds; appeal deemed wholly frivolous; counsel relieved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a sufficient basis to terminate? | Spencer argues insufficient grounds and requests more time. | DHS contends abandonment and nonparticipation prove termination is in best interest. | terminate rights affirmed |
| Did DHS prove abandonment and lack of participation? | Spencer contends ongoing efforts and contact were possible. | DHS showed no meaningful contact for two years and abandonment. | yes; proven by clear and convincing evidence |
| Is termination in the children’s best interests? | Spencer asserts parental involvement could be restored with time. | DHS argues stability and ongoing therapy require termination for permanency. | yes; in children's best interests |
| Was it proper to conduct a no-merit appeal review? | Counsel asserts no-merit basis validates affirmance. | No substantive issues; record supports termination. | no-merit review upheld; appeal affirmed |
| Did the trial court properly apply clear-and-convincing standard on credibility and findings? | Spencer challenges credibility determinations. | Trial court’s credibility and findings are within discretion. | record supports court’s credibility determinations |
Key Cases Cited
- Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207 (2001) (clarifies standard of review in termination cases)
- M.T. v. Ark. Dep’t of Human Servs., 58 Ark. App. 302 (1997) (requires clear and convincing evidence for termination grounds and best interests)
- Anderson v. Douglas, 310 Ark. 633 (1992) (defines clear and convincing standard)
- J.T. v. Ark. Dep’t of Human Servs., 329 Ark. 243 (1997) (credibility determinations reserved to trial court)
- Stephens v. Ark. Dep’t of Human Servs., 2013 Ark. App. 249 (2013) (past behavior as indicator of future behavior)
- Green v. Ark. Dep’t of Human Servs., 2012 Ark. App. 684 (2012) (no-merit parental-rights-termination appeals require compliant briefing)