Tribble v. Ark. Dep't of Human Servs.
2015 Ark. App. 535
Ark. Ct. App.2015Background
- Child H.D., born July 2013, and mother Christina Tribble tested positive for amphetamines at birth; DHS opened a family-services case and provided services.
- In November 2013 Tribble was arrested on a parole violation and left H.D. with her boyfriend (a registered sex offender with a meth problem) and his mother; they were shortly arrested after a traffic stop where drug paraphernalia and a loaded syringe were found in the baby’s diaper bag, prompting DHS to take emergency custody.
- H.D. was adjudicated dependent-neglected in January 2014; DHS developed a case plan requiring sobriety, drug treatment, random screens, and supervised visitation for Tribble.
- Tribble repeatedly failed to complete services, relapsed on meth/THC, and was incarcerated multiple times; DHS changed the permanency goal to adoption and filed a termination petition in December 2014.
- At the February 2015 termination hearing the trial court found six statutory grounds proved and that termination was in the child’s best interest; the foster family sought adoption and the child was deemed adoptable.
- Appellate counsel filed a no-merit brief and motion to withdraw; Tribble filed no responsive points. The Court of Appeals affirmed the termination and granted counsel’s motion.
Issues
| Issue | Plaintiff's Argument (Tribble) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Sufficiency of statutory grounds for termination (six grounds alleged) | Grounds unsupported; mother sought more time to rehabilitate | DHS asserted clear-and-convincing evidence proved at least one ground (including "other factors") | Court: no arguable merit in contesting statutory grounds; grounds supported by clear-and-convincing evidence |
| "Other factors" ground (incapacity/indifference after original petition) | Mother argued she was addressing problems and sought more time | DHS pointed to subsequent drug use, instability, incarceration, and danger to child | Court: "other factors" proven; placement with mother contrary to child’s welfare |
| Best-interest determination | Tribble argued she would be released soon and could stabilize (job, housing) if given time | DHS emphasized child’s need for permanency, adoptability, and mother’s unresolved issues | Court: termination in child’s best interest; permanence and stability outweighed request for more time |
| Adequacy of appellate representation / no-merit brief | N/A (counsel filed no-merit brief asserting no arguable issues) | DHS had no role; court reviewed counsel’s compliance with Rule 6-9 and Linker-Flores | Court: counsel complied; motion to withdraw granted; no-merit brief adequate |
Key Cases Cited
- Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207, 40 S.W.3d 286 (discussing de novo review in termination cases)
- Linker-Flores v. Ark. Dep’t of Human Servs., 359 Ark. 131, 194 S.W.3d 739 (standards for no-merit appeals in termination cases)
- Camarillo-Cox v. Ark. Dep’t of Human Servs., 360 Ark. 340, 201 S.W.3d 391 (parent’s compliance with case plan not dispositive; stability required)
- Anderson v. Douglas, 310 Ark. 633, 839 S.W.2d 196 (definition of clear-and-convincing evidence)
- Ullom v. Ark. Dep’t of Human Servs., 340 Ark. 615, 12 S.W.3d 204 (standard for reversing termination: clearly erroneous)
- Stephens v. Ark. Dep’t of Human Servs., 2013 Ark. App. 249, 427 S.W.3d 160 (child’s need for permanency can override parent's request for more time)