Angela Mayo v. Arkansas Department of Human Services, minor child
Annotate this Case
Download PDF
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
JOHN B. ROBBINS, JUDGE
DIVISION IV
CA 07854
JANUARY 9, 2008
ANGELA MAYO
APPELLANT
V.
ARKANSAS DEPARTMENT OF
HUMAN SERVICES, minor child
APPELLEE
APPEAL FROM THE CRAIGHEAD
COUNTY CIRCUIT COURT,
WESTERN DISTRICT, [NO. JV0661]
HONORABLE LARRY BARNETT
BOLING, JUDGE
AFFIRMED
Appellant Angela Mayo appeals the termination of her parental rights to her son LRB,
as found by the Craighead County Circuit Court. LRB was born in December 2005, when
appellant was on the run from law enforcement authorities. Appellant placed her infant son
in a relative’s custody within days of his birth. Appellee Arkansas Department of Human
Services (DHS) took emergency custody of the child within two months due to one caretaker
being a sex offender, in addition to environmental issues in the home. Appellant was
incarcerated for the next year while the child was in DHS custody. Appellant was released
on parole in the early months of 2007. After a termination hearing in May 2007, a
terminationofparentalrights order was entered on June 6, 2007, from which this appeal is
taken.
Appellant contends that (1) the trial court erred by considering testimony and
evidence from prior hearings in the course of the termination hearing, and (2) the trial court
erred in terminating her parental rights because DHS failed to present clear and convincing
evidence to support doing so. DHS and the child’s attorney ad litem have filed briefs in
opposition to appellant’s arguments on appeal, asserting that there is no reversible error. We
affirm.
First, appellant contends that the trial court violated Ark. Sup. Ct. R. 69 (2007),
which was adopted to streamline the process for appeals in dependencyneglect proceedings,
applicable from and after July 1, 2006. The Rule mandates that the record on appeal shall
be limited to the transcript of the hearing being appealed and any materials relevant to that
hearing. However, pursuant to statute, Ark. Code Ann. § 927341 (Supp. 2005), the trial
court must rely on the entire record to decide whether termination is in the child’s best
interest. Appellant argues on appeal that while the trial court acted correctly within the
parameters of our Juvenile Code by considering prior testimony, evidence, and hearings in
this case, it violated Rule 69, mandating reversal. We disagree.
At the outset, we reject appellant’s complaint because she did not make this argument
to the trial court. A party must first bring an objection before the trial court in order to
preserve the issue for appeal. See Madden v. Aldrich, 346 Ark. 405, 58 S.W.3d 342 (2001)
(holding that the failure to obtain a ruling from the trial court is a procedural bar to
consideration of the issue on appeal); see also Moore v. Ark. Dep’t of Human Servs., 95 Ark.
2
App. 138, __ S.W.3d __ (2006) (refusing to review dueprocess argument with regard to
notice where not raised in trial court).
Furthermore, on the merits, we perceive no conflict between Rule 69 and the statutes
at issue. Rule 69(c)(1)(2007) states: “The record for appeal shall be limited to the transcript
of the hearing from which the order on appeal arose, any petitions, pleadings, and orders
relevant to that hearing, and all exhibits entered into evidence at that hearing.” Arkansas
Code Annotated sections 927341(a)(4)(B) & (d)(2) (Supp. 2005) respectively provide:
(a)(4)(B) The court shall rely upon the record of the parent’s compliance in the entire
dependencyneglect case and evidence presented at the termination hearing in making
its decision whether it is in the juvenile’s best interest to terminate parental rights.
. . . .
(d)(2) If the parent was represented by counsel, the court shall take judicial notice and
incorporate by reference into the record all pleadings and testimony in the case
1
incurred before the termination of parental rights hearing.
The limitation of the record on appeal is distinctly a different matter than the evidence upon
which the trial court should and must consider for the ultimate finding. We so held in Smith
v. Ark. Dep’t of Human Servs., __ Ark. App. __, __ S.W.3d __ (Oct. 3, 2007). Therefore,
we affirm this point.
The second point on appeal is that the trial court clearly erred in terminating her
parental rights. The trial court found that the child had been out of the mother’s custody for
1
Subsection (d)(2) was deleted by our legislature in the 2007 legislative session
pursuant to Act 587. However, the effective date, July 31, 2007, was subsequent to these
proceedings. Subsection (a)(4)(B) remains.
3
almost the entirety of his life. The trial court noted that appellant, a woman in her early
twenties, had a longterm history of chemical addiction with periods of sobriety that, to date,
had not been long lasting. The child was found to have some developmental and health
issues that were being addressed in the foster home, and there was a likelihood of adoption.
Appellant was found to have made some progress toward setting herself on a positive path,
given the services she took advantage of in prison. Nonetheless, appellant was found not to
be prepared, nor would she be in a reasonable time as viewed from the child’s perspective,
to be ready for reunification. While appellant proclaimed her love for her son and asked for
more time to work toward reunification, the judge determined that termination of parental
rights was in the child’s best interest. A formal order was entered commemorating these
findings, which included three bases to terminate:
(1) That the child had been outside the home for greater than a year and despite
efforts by DHS to rehabilitate the parent and help correct the conditions causing
removal, those conditions had not been remedied by the parent;
(2) That the child had been outside the home for greater than a year, and the parent
willfully failed to provide significant material support or to maintain meaningful
contact;
(3) That the parent subjected the child to aggravated circumstances in that there was
little likelihood that provision of services would result in successful reunification
within a time frame consistent with the needs of the child.
Appellant filed a timely notice of appeal.
We review termination of parental rights cases de novo. Dinkins v. Ark. Dep’t of
Human Servs., 344 Ark. 207, 40 S.W.3d 286 (2001). Termination of parental rights is an
extreme remedy and in derogation of the natural rights of parents, but parental rights will not
be enforced to the detriment or destruction of the health and wellbeing of the child. Id.
4
Grounds for termination of parental rights must be proven by clear and convincing evidence.
M.T. v. Ark. Dep’t of Human Servs., 58 Ark. App. 302, 952 S.W.2d 177 (1997). 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. Anderson v. Douglas, 310 Ark. 633,
839 S.W.2d 196 (1992). When the burden of proving a disputed fact is by clear and
convincing evidence, the appellate inquiry is whether the trial court's finding that the
disputed fact was proven by clear and convincing evidence is clearly erroneous. J.T. v. Ark.
Dep’t of Human Servs., 329 Ark. 243, 947 S.W.2d 761 (1997). We give due regard to the
opportunity of the trial court to judge the credibility of the witnesses. Id. Where there are
inconsistences in the testimony presented at a termination hearing, the resolution of those
inconsistencies is best left to the trial judge, who heard and observed these witnesses
firsthand. Dinkins, supra. 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.
The goal of Arkansas Code Annotated section 927341 (Supp. 2003) is to provide
permanency in a minor child’s life in circumstances in which returning the child to the family
home is contrary to the minor's health, safety, or welfare and the evidence demonstrates that
a return to the home cannot be accomplished in a reasonable period of time as viewed from
the minor child’s perspective. Ark. Code Ann. § 927341(a)(3). Parental rights may be
terminated if clear and convincing evidence shows that it is in the child's best interest. Ark.
Code Ann. § 927341(b)(3). Additionally, one or more grounds must be shown by clear
5
and convincing evidence. Arkansas Code Annotated section 927341(b)(2)(A) provides the
grounds upon which a termination of parental rights may be established.
Appellant asserts that she obtained services on her own while in prison, such as drug
rehabilitation, parenting, alcoholics anonymous, and GED classes. In addition, she said that
once she was released from prison, she obtained a fulltime job and moved in with her aunt.
Appellant contends that she did all she could while incarcerated to better herself, and once
released, had only three months before the termination hearing was conducted, during which
DHS gave her no services except a couple of visits. Thus, appellant argues that the finding
of reasonable efforts is not supported by the evidence. Appellant contends also that the trial
court erred in terminating her rights on failure to provide material support because she was
under no court order to do so, DHS never asked for support, and she was not a wageearner
in prison.
Appellant’s appeal fails because, even were we to agree with her first two arguments,
she does not contest the third basis for terminating her parental rights, which was the
“aggravated circumstances” finding. In a situation where an appellant on appeal does not
attack all of a trial court’s bases for its ruling, the appellate court will affirm without
addressing the argument. Pugh v. State, 351 Ark. 5, 89 S.W.3d 909 (2002); Pearrow v.
Feagin, 300 Ark. 274, 778 S.W.2d 941 (1989).
Even so, were we to entertain her argument that DHS did not assist her in the months
leading to termination of her rights, we would be dutybound to support the trial court’s
action that gives effect to the legislature’s overriding intent, which is to protect the best
6
interest of our state’s children in achieving a safe and permanent home. Ark. Code Ann.
§ 927341(a)(3). Appellant points to no services that DHS could provide that it did not.
Indeed, appellant acquired relevant services in prison on her own, which is commendable.
The difficulty is that appellant’s circumstances of imprisonment and parole left the child in
a precarious position of waiting for those issues to resolve while in foster care. Appellant
was unable to be the parent that her child needed, at least not for the majority of this young
boy’s life, and stability and permanence had to be viewed from the child’s perspective. See
CamarilloCox v. Ark. Dep’t of Human Servs., __ Ark. __, __ S.W.3d __ (Jan. 5, 2005)
(children out of home for one year and four months, parent complied with case plan for the
last five months); Trout v. Ark. Dep’t of Human Servs., __ Ark. __, __ S.W.3d __ (Nov. 4,
2004); Dinkins, supra. To hold the child in limbo is contrary to the overriding legislative
directive to provide permanency for children where return to the home cannot be
accomplished within a reasonable time. Evidence that a parent begins to make improvement
as termination becomes more imminent will not outweigh other evidence demonstrating a
failure to comply and to remedy the situation that caused the children to be removed in the
first place. Compare CamarilloCox v. Ark. Dep’t of Human Servs., supra. Progress that
is made too late to achieve reunification within a reasonable time from the child's perspective
will not suffice. See Latham v. Ark. Dep’t of Health & Human Servs., 99 Ark. App. 25, __
S.W.3d __ (2007).
In summary, we affirm the termination of appellant’s parental rights.
PITTMAN, C.J., and BIRD, J., agree.
7
8
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.