Williams v. Ark. Dep't of Human Servs.
2013 Ark. App. 622
Ark. Ct. App.2013Background
- In Aug. 2011 DHS took emergency custody after the mother, Tamela Thomas, abandoned four children at her mother’s home; the maternal grandmother was unable to care for them.
- Children were adjudicated dependent-neglected in Oct. 2011 based on abandonment by Thomas and educational/environmental neglect; Williams was in jail at the time.
- DHS filed to terminate parental rights of Thomas and Morrell Williams in Oct. 2012, alleging only the statutory ground in Ark. Code Ann. § 9-27-341(b)(3)(B)(i)(a) (dependent-neglected, out of custody 12 months, and parent failed to remedy conditions causing removal).
- At the termination hearing the trial court found Williams failed to remedy removal conditions, criticized his refusal/delay in psychological evaluation and online counseling, and terminated his parental rights.
- Williams appealed solely on sufficiency of evidence for the statutory ground pled; DHS argued prior dependency proceedings attributable to Williams could be counted toward the 12-month/remedy elements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 9-27-341(b)(3)(B)(i)(a) supports termination of Williams’ parental rights | Williams: statute requires parent’s own conduct to have caused removal; here mother’s abandonment caused removal, so statute inapplicable | DHS: prior dependency case (where Williams allegedly caused removal) should be aggregated with this case so the time and remedial-failure elements attach to Williams | Reversed: statute applies only to the facts of the current adjudication; Williams’ conduct did not cause removal here, so the statutory ground was not proved |
Key Cases Cited
- J.T. v. Ark. Dep’t of Human Servs., 329 Ark. 243 (1997) (standard for clearly erroneous review of fact findings in termination cases)
- Camarillo-Cox v. Ark. Dep’t of Human Servs., 360 Ark. 340 (2005) (deference to trial court credibility determinations)
- Meriweather v. Ark. Dep’t of Health & Human Servs., 98 Ark. App. 328 (2007) (termination is an extreme remedy but may be necessary to protect child)
- Young v. Ark. Dep’t of Human Servs., 2012 Ark. 334 (consequence of case closure: children are no longer adjudicated dependent-neglected)