Washington v. Ark. Dep't of Human Servs., 2014 Ark. App. 293

This is a termination-of-parental-rights case concerning Terry Washington and his son TW, born March 2010.
Washington’s parental rights were terminated in June 2013 by the Craighead County Circuit Court regarding TW.
TW’s mother Tassie Anthony had her parental rights terminated as well, and her appeal was affirmed in Anthony v. Arkansas Dep’t of Human Servs.
The first appeal involved a no-merit brief by Washington’s attorney, which this Court denied relief from, leading to a second briefing.
TW and his half-sibling had been adjudicated dependent-neglected; Washington was incarcerated for substantial periods during the case.
The trial court found TW adoptable, noted Washington’s incarceration, lack of income/home, and absence of a viable reunification plan, and terminated Washington’s rights on one or more statutory grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are there clear and convincing grounds to terminate Washington’s rights?	Washington	DHS	Yes; grounds proven by clear and convincing evidence.
Is the termination in TW’s best interests supported by the record?	Washington	DHS	Yes; best interests favored termination.
Did Washington receive appropriate reunification efforts given incarceration?	Washington	DHS	Yes; evidence showed his incarceration impeded services and reunification.

Dinkins v. Ark. Dep’t of Human Servs., 344 Ark. 207 (2001) (de novo review; clear and convincing standard for grounds; permanency goals)
Hughes v. Ark. Dep’t of Human Servs., 2010 Ark. App. 526 (2010) (proof of a single ground supports termination when best interests are shown)
J.T. v. Ark. Dep’t of Human Servs., 329 Ark. 243 (1997) (appellate review of trial court factual findings; credibility weighs with trier of fact)
M.T. v. Ark. Dep’t of Human Servs., 58 Ark. App. 302 (1997) (clear and convincing evidence applicable to termination issues)
Anderson v. Douglas, 310 Ark. 633 (1992) (definition of clear and convincing evidence)