Wafford v. Arkansas Department of Human Services
2016 Ark. App. 299
| Ark. Ct. App. | 2016Background
- Three children (DJM, DM, TM) adjudicated dependent-neglected after removals for prenatal drug exposure, medical neglect, and caregiver drug use; DHS sought termination of parents’ rights.
- Wafford was incarcerated for a probation violation (≈Sept 2013–Sept 2014); upon release she left a halfway house early, married Miles, failed to obtain separate housing, employment, or complete required evaluations and programs.
- Miles had a long history of methamphetamine use, multiple positive drug tests, sporadic compliance with the case plan, mental-health diagnoses, and failed to complete recommended therapy or parenting classes.
- Two children were born with drugs in their systems; one child suffered medical neglect (failure to thrive, missed immunizations).
- DHS filed termination petitions (Nov 2014 for DM/TM; Feb 2015 for DJM); trial court found statutory grounds (including “subsequent factors”) proved and that termination served the children’s best interests.
- Adoption specialist testified children were adoptable; neither parent challenged adoptability evidence on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutory ground of "subsequent factors" was proved for Wafford | Wafford: marriage to Miles and leaving halfway house were not proper subsequent factors; she improved and outpatient rehab viable | DHS/Wafford opposing view: Wafford failed to comply after release, left treatment early, lived with Miles contrary to case plan, leaving children at risk | Court: affirmed — subsequent-factors ground proved by clear and convincing evidence |
| Whether termination was in children’s best interest (Wafford) | Wafford: insufficient evidence of likely relapse or harm from living with Miles; compliance improving | DHS: ongoing drug history, failure to secure separate residence, no employment, incomplete evaluations, history of child drug exposure/neglect | Court: affirmed — best-interest finding not clearly erroneous |
| Whether statutory ground of "subsequent factors" was proved for Miles | Miles: he remedied issues and achieved desired outcomes | DHS: Miles had long noncompliance, positive drug tests, no therapy or parenting classes, inconsistent visitation, probation problems | Court: affirmed — subsequent-factors ground proved |
| Whether termination was in children’s best interest (Miles) | Miles: children could have been returned to a drug-free, appropriate home | DHS: improvements too recent and insufficient given lengthy prior noncompliance and remaining issues | Court: affirmed — best-interest finding not clearly erroneous |
Key Cases Cited
- Chaffin v. Arkansas Department of Human Services, 471 S.W.3d 251 (Ark. App. 2015) (two-step termination standard; clear-and-convincing proof required)
- Friend v. Arkansas Department of Human Services, 344 S.W.3d 670 (Ark. App. 2009) (only one statutory ground required for termination)
- Jung v. Arkansas Department of Human Services, 443 S.W.3d 555 (Ark. App. 2014) (parental instability, substance abuse, and employment instability can show potential harm)