Watson v. Ark. Dep't of Human Servs.
2014 Ark. App. 28
Ark. Ct. App.2014Background
- Appellant Angela Watson’s parental rights to C.W. (b. 2004) and C.S. (b. 2011) were terminated; appeal proceeded via a no-merit brief and motion to withdraw.
- DHS/Children and Family Services had previously removed C.W. due to sexual abuse by Watson’s husband and lack of a custodian during Watson’s incarceration; C.W. was later returned in 2010.
- DHS resumed custody in June 2012 after Watson allegedly violated a safety plan and lived in substandard conditions.
- Watson signed a protection plan in April 2012 to avoid contact with Chris Clark; ongoing issues included domestic disputes and Clark’s contact with the children.
- The trial court terminated reunification services in February 2013, citing little likelihood of successful reunification and evidence of continued contact with Clark; petition for termination filed March 13, 2013, and the court found two statutory grounds for termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination is supported by clear and convincing evidence | Watson | DHS | Termination affirmed |
Key Cases Cited
- Fredrick v. Ark. Dep’t of Human Servs., 377 S.W.3d 306 (Ark. 2010) (clear and convincing standard; termination requires best interest and statutory grounds)
- Linker-Flores v. Arkansas Dept. of Human Services, 194 S.W.3d 739 (Ark. 2004) (procedural and standard for parental termination appeals)