Varnell v. Griffin v. Arkansas Department of Human Services
2025 Ark. App. 298
Ark. Ct. App.2025Background
- The Arkansas Department of Human Services (DHS) took emergency custody of a minor child (MC) after Latasha Varnell (mother) was arrested for stabbing Malik Griffin, Sr. (father) while he was holding the child.
- The circuit court found MC dependent-neglected, accepted Varnell's stipulation of parental unfitness (due to domestic abuse), placed MC with Griffin, and initially ordered Varnell to have supervised visitation.
- Multiple review hearings assessed both parents’ conduct, including compliance with court orders and efforts to resolve domestic issues; Varnell’s repeated anger outbursts and concerns about unapproved adults in her residence were noted.
- Varnell later moved for reconsideration, attaching proof of stable housing; the court, however, was more concerned about ongoing anger management issues.
- The court ultimately awarded permanent custody to Griffin and modified Varnell’s visitation from a facility (STEPS) to her home or another approved place after determining STEPS was too restrictive on visit duration.
- On appeal, Varnell challenged the custody and visitation rulings; Griffin cross-appealed regarding the change in visit location.
Issues
| Issue | Varnell's Argument | Griffin's Argument | Held |
|---|---|---|---|
| Whether it was in MC's best interest to award custody to Griffin | Varnell claimed she complied with case plan and should not be punished for others refusing background checks | Griffin argued Varnell had ongoing anger issues and he provided a more stable environment | Affirmed: Custody to Griffin based on best interest of MC |
| Whether visitation should remain supervised at STEPS or elsewhere | Varnell requested reconsideration, submitting evidence of new apartment, seeking less restrictive supervised visits | Griffin objected to late evidence and preferred visitation remain at STEPS | Affirmed: Visits can occur at Varnell's home or approved location, not STEPS |
| Whether the court erred by considering new evidence attached to Varnell’s motion for reconsideration | Varnell argued the lease was relevant new evidence | Griffin claimed this was improper under Rule 59 and not raised earlier | Affirmed: No abuse of discretion in considering evidence and changing visit location |
| Whether the circuit court properly weighed evidence regarding parental fitness | Varnell wanted the appellate court to reweigh evidence in her favor | Griffin emphasized deference to circuit court's credibility findings | Affirmed: Circuit court’s findings not clearly erroneous |
Key Cases Cited
- Wheatley v. Ark. Dep’t of Hum. Servs., 503 S.W.3d 86 (Ark. Ct. App. 2016) (sets de novo review standard, reversal only if findings are clearly erroneous in juvenile cases)
- Metcalf v. Ark. Dep’t of Hum. Servs., 466 S.W.3d 426 (Ark. Ct. App. 2015) (emphasizes deference to the trial court in evaluating credibility)
- Cooper v. Merwether, 549 S.W.3d 395 (Ark. Ct. App. 2018) (special deference in child custody cases to the trial court's evaluation of best interests)
- Perrin-Reed v. Reed, 640 S.W.3d 15 (Ark. Ct. App. 2022) (child's best interest is paramount in custody and visitation decisions)