Willingham v. Ark. Dep't of Human Servs.
2014 Ark. App. 568
| Ark. Ct. App. | 2014Background
- DHS petitioned to terminate parental rights after a history of dependency-neglect and multiple removals from Tawana Willingham's custody.
- Most recent removal occurred October 28, 2013 due to drug abuse and domestic violence in the home; both parents tested positive for illegal substances.
- Adjudication and reunification services had previously been pursued in earlier cases, with limited success and eventual return of children to foster care.
- Trial court found aggravated circumstances and little likelihood of successful reunification, justifying termination and finding a permanent plan by adoption in the best interests of the children.
- Court terminated Tawana's parental rights on April 2, 2014, after considering adoption potential and risks to the children; the father’s rights were also terminated but not at issue in this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is termination supported by clear and convincing evidence and in the children's best interests? | Willingham | Willingham | Yes; termination supported and in best interests. |
| Was there a valid statutory ground for termination based on aggravated circumstances? | DHS | Willingham | Aggravated-circumstances finding upheld (unappealed adjudication supports it). |
Key Cases Cited
- M.T. v. Ark. Dep’t of Human Servs., 58 Ark. App. 302, 952 S.W.2d 177 (1997) (establishes clear-and-convincing standard and best-interests framework)
- J.T. v. Ark. Dep’t of Human Servs., 329 Ark. 243, 947 S.W.2d 761 (1997) (clear-and-convincing evidence review standard in termination cases)
- Hannah v. Ark. Dep’t of Human Servs., 2013 Ark. App. 502 (2013) (unappealed aggravated-circumstances finding affects DHS duties)
- Mitchell v. Ark. Dep’t of Human Servs., 2013 Ark. App. 715, 430 S.W.3d 851 (2013) (de novo review standard for termination of parental rights)
- Dozier v. Ark. Dep’t of Human Servs., 2010 Ark. App. 17, 372 S.W.3d 849 (2010) (permanency and stability can override parental requests for more time)
- Yarborough v. Ark. Dep’t of Human Servs., 96 Ark. App. 247, 240 S.W.3d 626 (2006) (clear-error standard for review of factual findings in termination cases)
- Anderson v. Douglas, 310 Ark. 633, 839 S.W.2d 196 (1992) (definition of clear and convincing evidence)