Tenny v. Arkansas Department of Human Services
2011 Ark. App. 360
| Ark. Ct. App. | 2011Background
- Appeal from an order terminating the parental rights of Michael Tenny to his daughter A.T., born March 12, 2009.
- Counsel for Tenny filed a no-merit brief and moved to withdraw under Linker-Flores and Rule 6-9(i); clerk attempted service at a non-incarcerated address.
- Trial court terminated parental rights on two statutory grounds and found termination in A.T.’s best interests, citing adoption prospects and risk of harm if reunification occurred.
- DHS presented evidence of Tenny’s long incarceration during A.T.’s life and noncompliance with court orders; A.T. was placed in a foster-to-adopt home with potential adopters.
- Grounds relied upon include aggravated circumstances due to exposure to illegal drugs and extreme/ repeated cruelty from living in a home with a methamphetamine lab.
- Dissent argues the record does not support certain findings (e.g., reasonable efforts, duration of incarceration, meth lab exposure) and would merit a merit appeal under Linker-Flores.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clear and convincing evidence supports termination. | DHS asserts sufficient evidence for grounds and best interests. | Tenny contends potential deficiencies in findings (e.g., reasonable efforts, incarceration duration) undermine termination. | Yes; termination supported by clear and convincing evidence. |
| Whether exposure to a methamphetamine lab constitutes aggravating circumstances. | DHS argues exposure to drugs/chemicals constitutes aggravated circumstances supporting termination. | Tenny challenges the sufficiency/credibility of the meth-lab exposure finding. | Yes; sufficient evidence supports aggravated circumstances. |
Key Cases Cited
- Hughes v. Ark. Dep’t of Human Servs., 2010 Ark.App. 526 (Ark. App. 2010) (termination requires clear and convincing evidence)
- Krass v. Ark. Dep’t of Human Servs., 306 S.W.3d 14 (Ark. App. 2009) (challenge to abuse finding in termination context)
- Dowdy v. Ark. Dep’t of Human Servs., 314 S.W.3d 722 (Ark. App. 2009) (standard for reviewing termination findings)
- Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131 (Ark. 2004) (requires explanation of merit grounds on appeal)