Chris Dixon and Karen Huffman v. Arkansas Department of Health & Human Services and Minor Children
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NOT DESIGNATED FOR PUBLICATION
DIVISION II
CA07668
November 28, 2007
CHRIS DIXON & KAREN HUFFMAN
APPELLANTS
V.
APPEAL FROM THE GREENE
COUNTY CIRCUIT COURT
[JV0357]
ARKANSAS DEPARTMENT OF
HEALTH & HUMAN SERVICES and
MINOR CHILDREN
APPELLEES
HONORABLE BARBARA HALSEY,
CIRCUIT JUDGE
AFFIRMED
Appellants, Karen Huffman and Chris Dixon, appeal from the terminations of their
parental rights to C. D. (DOB 102500) and K. D. (DOB 41103). We affirm both
terminations.
Standard of Review
The standard of review in cases involving the termination of parental rights is well
established. Arkansas Code Annotated section 927341(b)(3) (Supp. 2005) requires an
order terminating parental rights to be based upon clear and convincing evidence.
Williams v. Arkansas Dep’t of Health & Human Servs., ____ Ark. App. ____, ____
S.W.3d ______ (May 23, 2007). Clear and convincing evidence is that degree of proof
that will produce in the fact finder a firm conviction as to the allegation sought to be
established. Id. When the burden of proving a disputed fact is by clear and convincing
evidence, the question that must be answered on appeal is whether the trial court’s finding
that the disputed fact was proven by clear and convincing evidence was clearly erroneous.
Id. A finding is clearly erroneous when, although there is evidence to support it, the
reviewing court on the entire evidence is left with a definite and firm conviction that a
mistake has been made. Id. Such cases are reviewed de novo on appeal. Id. However,
appellate courts do give a high degree of deference to the trial court, as it is in a far
superior position to observe the parties before it and to judge the credibility of the
witnesses. Id.
When the issue is one involving the termination of parental rights, there is a heavy
burden placed upon the party seeking to terminate the relationship. Williams, supra.
Termination of parental rights is an extreme remedy in derogation of the natural rights of
the parents. Id. Nevertheless, parental rights will not be enforced to the detriment or
destruction of the health and wellbeing of the child. Id. Parental rights must give way to
the best interest of the child when the natural parents seriously fail to provide reasonable
care for their minor children. Id.
Huffman
For her sole point of appeal, appellant Karen Huffman contends that there was not
sufficient evidence to support the trial court’s finding that it was in the children’s best
interest to terminate her parental rights. In making that argument, her primary contention
is that the best interests of the children would be better served by granting permanent
relative custody to the children’s maternal grandfather; that she could then receive the
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help she needs to deal with her dependence on drugs; and that such a solution was more
appropriate and less extreme.
A major problem with Huffman’s argument is that neither she nor her father filed
any motions seeking the permanent relative custody that she now proposes. The issue
before the trial court was whether to terminate the parental rights. If the maternal
grandfather wanted to seek custody, he needed to make that desire known to the court.
Huffman additionally contends that her parental rights should not have been terminated
because these children would then not be able to visit their halfsiblings. She did not
preserve this issue for our review either because it was not raised to the trial court.
We find that the evidence supporting the termination of Huffman’s parental rights
is sufficient. Huffman had been involved with the Department of Health and Human
Services since at least 1998. In the period 200304, the children were out of the home for
approximately twelve months. They were subsequently out of the home again for
fourteen months. Huffman lapsed in and out of drug use throughout this entire period,
during which time her children were neglected. She skipped visits with the children after
they were placed in foster care. She never maintained a stable residence. She presented
no convincing circumstances to show that her situation was going to improve, and her
unfulfilled promises to the children that she would be back with them caused them
anxiety. Finally, the children were doing well in their foster home. We are not left with a
definite and firm conviction that a mistake has been made.
Dixon
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Appellant Chris Dixon also contends that the trial court erred in terminating his
parental rights. We disagree.
Dixon’s parental status was never established. Even putative fathers must
demonstrate that they have had significant contacts with the children before their parental
rights attach. Ark. Code Ann. § 927341 (Supp. 2005). Dixon was sent to prison in
2003 and had no significant contact with the children from that point forward.
In addition, even Dixon concedes that at least one statutory ground for termination
was established: his parental rights to his older children had previously been terminated.
Consequently, he only challenges the trial court’s determination that it was in the
children’s best interests to terminate his “parental” rights. He makes that argument
despite the fact that he did not establish paternity; that he was imprisoned in 2003 for a
ninetymonth sentence (7.5 years); that he has had no contact with the children since that
time; and that they would be held in limbo while he finished his prison term and
thereafter established a stable home for them. We are not left with a definite and firm
conviction that a mistake has been made.
Affirmed.
HART and MILLER, JJ., agree.
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