Stephens v. Arkansas Department of Human Services
2013 Ark. App. 249
| Ark. Ct. App. | 2013Background
- Kayla Stephens was arrested Jan 26, 2011 for methamphetamine possession with intent to deliver and child endangerment due to drugs in the home; DHS took a 72-hour hold and obtained emergency custody of J.S. (born 12-1-2009).
- Probable-cause hearing held Feb 3, 2011; Kayla did not attend; adjudication on Mar 2, 2011 found J.S. dependent-neglected due to Kayla’s meth use and endangerment.
- Father Jeremy Long claimed Choctaw tribal membership; DHS ordered notice under ICWA pending evidence of eligibility.
- Originally reunification was the goal; in 2011 Kayla was found minimally compliant, father noncompliant, and custody placed with Kayla’s cousin Jennifer Anderson (Oct 28, 2011).
- Permanency planning hearing on Dec 14, 2011 changed goal to adoption; Kayla failed to comply with the case plan and court orders; Kayla’s criminal sentence and housing, employment, and treatment progress were unfavorable.
- Termination hearing on May 9, 2012: Kayla released from prison Feb 27, 2012; she moved to an apartment, admitted ongoing meth use until prison, had limited treatment, and J.S. had been in foster care longer than with Kayla; ICWA expert recommended termination; court found DHS showed reasonable and active efforts; J.S. was adoptable and termination was in her best interest; decision affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ICWA standard for termination (serious harm) | Kayla argues insufficient evidence that continued custody would cause serious harm. | DHS contends above-reasonable-doubt standard under ICWA supports termination. | Evidence supports termination under ICWA standard. |
| Time for reunification; extension appropriateness | Kayla contends she should have more time to reunify. | Kayla had already received extended time and limited progress; Cranford not controlling. | No reversal; sufficient evidence of lack of meaningful reunification progress; termination affirmed. |
Key Cases Cited
- Cranford v. Arkansas Department of Human Services, 2011 Ark. App. 211 (Ark. App. 2011) (distinguishable; no threat of harm, different custodial preferences)
- Matter of Adoption of K.M.C., 969 S.W.2d 197 (Ark. App. 1998) (considerations of future outcomes and parental conduct in termination)