Stampley v. Arkansas Department of Human Services
2017 Ark. App. 628
| Ark. Ct. App. | 2017Background
- Chavi Stampley’s newborn (N.S.) exhibited signs of possible parental incapacity at birth (bizarre, erratic behavior, refusal of medical-history questions, fixation on bathing/feeding), prompting hospital staff to contact DHS; older child H.A. was living with his father.
- DHS caseworker encountered resistance and incomplete cooperation from Stampley; DHS placed both children on an emergency hold and filed dependency-neglect proceedings.
- Court ordered services (drug screens, assessments, psychological evaluation, counseling, parenting classes); Stampley sporadically participated, refused some DHS referrals, and failed to remain in contact or attend visits for nearly a year.
- DHS petitioned to terminate parental rights alleging multiple statutory grounds (including aggravated circumstances, twelve-month failure to remedy, abandonment); termination hearing held April 2017.
- Trial court found multiple statutory grounds and that termination served the children’s best interests (children found adoptable); court emphasized Stampley’s persistent mental-instability indicators and lack of meaningful progress.
- On appeal, counsel filed a Linker-Flores no-merit brief; Stampley filed no pro se points. The Court of Appeals affirmed and granted counsel’s motion to withdraw.
Issues
| Issue | Plaintiff's Argument (Stampley) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Sufficiency of evidence to terminate parental rights | Termination unsupported; Stampley contests findings | DHS: clear-and-convincing proof of statutory grounds (aggravated circumstances, etc.) | Affirmed — evidence supports termination; at least one ground proven by clear and convincing evidence |
| Aggravated-circumstances ground (likelihood services will reunify) | Services could enable reunification | DHS: little likelihood services would succeed given Stampley’s instability and noncompliance | Affirmed — trial court not clearly erroneous in finding aggravated circumstances |
| Best interest of the children | Returning to Stampley would be safe/beneficial | DHS: adoption likely; returning poses potential future harm due to parental instability | Affirmed — termination is in children’s best interest (adoptability and potential harm) |
| Evidentiary rulings (green card proof of service; question about DHS corruption) | Objections to admissibility/speculation rulings | DHS: green card authenticated by Stampley; belief question elicited testimony, not speculation | Affirmed — no reversible error on admissibility or overruling objection |
Key Cases Cited
- Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004) (procedural requirements for counsel filing a no-merit brief and moving to withdraw)
- Dinkins v. Arkansas Department of Human Services, 344 Ark. 207, 40 S.W.3d 286 (standard of review in termination appeals)
- Mitchell v. Arkansas Department of Human Services, 430 S.W.3d 851 (Ark. Ct. App.) (statutory-burden requirements for termination)
- Draper v. Arkansas Department of Human Services, 389 S.W.3d 58 (Ark. Ct. App.) (one statutory ground is sufficient to support termination)
- Myers v. Arkansas Department of Human Services, 380 S.W.3d 906 (Ark. 2011) (best-interest factors: adoptability and potential harm)
- Brown v. Arkansas Department of Human Services, 521 S.W.3d 183 (Ark. Ct. App.) (definition and review of clear-and-convincing evidence standard)