Tarequis Fields v. Arkansas Department of Human Services
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ARKANSAS COURT OF APPEALS
DIVISIONS IV & I
No. CA08-296
TAREQUIS FIELDS
Opinion Delivered
November 5, 2008
APPELLANT
APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT,
[NO. JV-2006-356]
V.
ARKANSAS DEPARTMENT OF HUMAN
SERVICES
APPELLEE
HONORABLE MARK HEWETT, JUDGE
AFFIRMED
SARAH J. HEFFLEY, Judge
1.
PAREN T &
– TERM INATION OF PARENTAL RIGHTS – PRISON TERM WAS A STATUTORY
GROUND FOR TERM INATION.– A circuit court may terminate parental rights if the court finds by
clear and convincing evidence that termination is in the child’s best interest, considering the
likelihood that the child will be adopted and the potential harm the child would suffer if returned to
the parent’s custody, and it finds by clear and convincing evidence that at least one statutory
ground for termination exists; here, the trial court did not err in terminating appellant’s parental
rights on the ground that appellant was sentenced in a criminal proceeding for a period of time that
would constitute a substantial period of the child’s life.
2.
PARENT & CH ILD – TERM INATION OF PARENTAL RIGHTS – TRIAL COURT ’S FINDING WAS NOT
CLEARLY ERRONEOUS – LENGTH OF SENTENCE AND AGE OF CHILD WERE CONSIDERED.–The trial
court’s finding was not clearly erroneous where appellant was sentenced to concurrent terms of
ten years in prison, and the child was ten months old when appellant received the ten-year sentence
and nineteen months old at the time of the termination hearing, when appellant had served only
eleven months of his sentence.
3.
PARENT & CHILD – TERM INATIO N OF PARENTAL RIGHTS – APPLICATION OF CRAWFORD V.
ARKANSAS DEPARTMENT OF HUMAN SERVICES – STATEM ENT OF LAW WAS NOT APPLICABLE
HERE.– The statement in Crawford v. Arkansas Department of Human Services that
imprisonment is not controlling is pertinent when the issue involves the willful failure to provide
meaningful support and to maintain meaningful contact, or the like; however, this statement of law
has no particular application when the ground at issue involves a prison sentence that constitutes
a substantial period of the child’s life; when that ground is under consideration, the length of the
prison sentence can be determinative of the termination decision.
CH ILD
4.
PARENT &
– TRIAL COURT ’S BEST - INTEREST
The trial court’s best-interest of the child determination was
affirmed; the trial court found that appellant’s release from prison could not be predicted with
certainty and even if appellant were released from prison when claimed, the child could not be
returned to him immediately or within a reasonable time thereafter; in making this determination,
the court considered appellant’s demonstrated failings as a parent, which included evidence that
appellant dealt drugs instead of working and evidence showing the deplorable condition of
appellant’s home.
CHILD
–
TERM INATION OF PARENTAL RIGHTS
DETERM INATION WAS AFFIRM ED.–
Deborah R. Sallings, Arkansas Public Defender Commission, for appellant.
Gray Allen Turner, Office of Chief Counsel, for appellee.
Jo Ellen Carson, attorney ad litem for the minor child.
Appellant Tarequis Fields brings this appeal from the trial court’s order terminating his
parental rights to his son TF, born on March 23, 2006.
He argues that there is insufficient
evidence to support the trial court’s decision. We disagree and affirm.
The Arkansas Department of Human Services (DHS) took TF and his half-brother into
emergency custody on May 2, 2006, after the Fort Smith police arrested appellant and his
girlfriend, Nikki Christian,1 the mother of both children, at their home on drug charges.
affidavit2
supporting
the motion for emergency custody also
noted
The
that there were
environmental issues with the home. The affidavit stated:
Worker Williams observed that the home was dirty. Worker Williams observed
that floors were dirty and covered with trash. Worker Williams observed that
1
Ms. Christian’s parental rights to both of her children were also terminated at a separate
hearing. We affirmed that decision on appeal. Christian v. Arkansas Dep’t of Human Services,
CA08-294, unpub. opin. (June 25, 2008). We also note that TF’s half-sibling is not involved in this
appeal.
2
At the termination hearing, the trial court incorporated and made a part of the record all the
pleadings and orders contained in the case file. Although appellant objected to the court’s action,
appellant does not challenge the trial court’s ruling in this appeal. Therefore, all pleadings and orders
are before us and are properly considered as evidence in this case.
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refrigerator was dirty, and the sink and counters were covered [with] dirty dishes
and trash. Worker Williams observed that the family did not have running water.
Worker Williams also observed that bathroom [was] dirty. There were clothes
on the floor, and it appeared the family had been using the toilet for an extended
time, since the water had been turned off. The toilet was full of feces to the
point of almost overflowing.
Worker Williams was able to speak with Detective Wayne Barnett. Detective
Barnett states that law enforcement discovered one ounce of crack cocaine, drug
residue, marijuana, a digital scale, and other drug paraphernalia in the home.
Detective Barnett also states that officers located a forty-five automatic
“Taurus” hand gun on [appellant].
The trial court granted DHS emergency custody of the children on May 5, 2006.
The court
later found probable cause to believe that the boys were dependent-neglected.
The adjudication hearing was held on June 16, 2006.
hearing.
Appellant was present at this
The trial court found the children to be dependent-neglected and ordered appellant to
complete parenting classes, have a psychological evaluation and drug and alcohol assessment,
to obtain follow-up treatment as recommended, obtain and maintain stable housing and
transportation, visit regularly, and to resolve the pending drug charges.
The case was reviewed on November 16, 2006. Appellant did not attend this hearing,
nor was he represented by counsel. Genetic testing showed that appellant was the father of TF
and a finding of paternity was made. The goal of the case remained reunification, although the
court also found that appellant remained incarcerated and had been unable to comply with its
orders.
At a permanency-planning hearing on May 1, 2007, the court changed the goal of the
case to a concurrent one of reunification and termination of parental rights and adoption.
The
court again recognized that appellant had been unable to comply with court orders due to his
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continued incarceration.
Subsequently, at a review hearing on August 7, 2007, the court set
the goal as termination of parental rights and adoption.
Appellant was not present at either of
these hearings.
DHS filed a petition for the termination of appellant’s parental rights on October 5,
2007. Counsel was appointed to represent appellant by an order dated December 7, 2007, and
the termination hearing was held on December 21, 2007.
At the hearing, appellant testified that he had been incarcerated since his arrest on May
2, 2006, when TF was only five weeks old. In January 2007, he pled guilty to reduced charges
of possession of marijuana with intent to deliver, possession of drug paraphernalia, and
maintaining a drug premises, and he was serving concurrent sentences of ten years in prison
followed by a suspended sentence of ten years. His driver’s license had also been suspended.
Appellant testified that his first possible parole date was in June 2008.
he had a disciplinary action in the past two months for fighting.
He acknowledged that
Appellant testified that his
eligibility for release was something that may happen in the future, if he did not get into any
more trouble and “everything goes fine.”
When paroled, appellant planned to live with his mother in Blytheville and get a job
driving a fork lift or working in a factory, as he had done before. Appellant testified that since
2005, and during the time he lived with Ms. Christian in Fort Smith, he had only worked two
days because he had left his car in Blytheville and lacked transportation to get to work.
Appellant admitted that the home he lived in with TF was not very clean and that it had no
running water. He also said that cocaine, marijuana, drug paraphernalia and scales were in the
home. He also claimed ownership of the .45 pistol that was seized upon his arrest.
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Appellant understood that TF had been out of the home and with the same foster family
since TF was five weeks old. He believed that it was in TF’s best interest to wait for him to get
out of prison, set up a house, obtain employment, and get his driver’s license restored.
Appellant testified that no one from DHS had contacted him about a case plan, but that he was
willing to take parenting classes and that he had completed anger-management and substanceabuse classes while he was in prison.
Angela Carvey, the DHS caseworker, testified that the department did not offer
appellant any services but that services were provided for the child and foster parents.
She
recommended termination of appellant’s parental rights because the foster home was the only
home TF had known. She also stated that TF was adoptable and that the foster family had
expressed the desire to adopt him. According to Carvey, the only part of the case plan that
appellant had completed was to resolve his criminal charges.
On cross-examination, Carvey
denied that the department had a policy of automatically seeking termination of parental rights
any time a parent is incarcerated. She also said that she was unaware of any case where the
department did not seek termination but instead waited for the parent to be released.
She
testified that the child had been in foster care for nineteen months and that it would not be in
TF’s best interest to wait any longer. Carvey further testified that the mother never suggested
that appellant’s family be considered as a placement for the child.
Nikki Christian, TF’s mother, testified that, at the time the case arose, she and appellant
were living together and that he was helping her with both children. She asserted that appellant
was a good father. She admitted that she and appellant were both selling drugs. She said that
she was still in communication with appellant and would resume her relationship with him
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when released from prison.
On cross- examination, she admitted that their house was messy
and had no running water and that the toilet was to the point of overflowing at the time the
children were removed.
At the conclusion of the hearing, appellant’s counsel argued that DHS had offered
appellant no rehabilitation services whatsoever and thus DHS had failed to present sufficient
proof of the ground for termination found at Ark. Code Ann. § 9-27-341(b)(3)(B)(i)(a) (Repl.
2008), which requires DHS to prove that it put forth a meaningful effort to rehabilitate the
parent and correct the conditions that caused removal. Appellant urged the trial court to wait
and see if appellant might be released from prison in June and then to see if appellant would
carry through with the things he said that he was going to do if paroled. DHS responded that
appellant knew what he needed to do to achieve reunification and that he had never contacted
DHS in the nineteen months that had passed since the child was removed from the home. DHS
also asked the court to consider the alternative ground for termination based on a parent’s
incarceration for a substantial period of the child’s life found at Ark. Code Ann. § 9-27341(b)(3)(B)(viii).
The trial court announced its ruling terminating appellant’s parental rights
from the bench:
. . . The child has been out of the home for a period in excess of twelve
months; it’s actually been nineteen months. The court notes that the child was
six [five] weeks old when removed from the home, and the child has virtually
been out of the home its entire life. . . The likelihood that the father could
comply within a reasonable time as viewed from the children’s standpoint is
highly unlikely. You know, by his own testimony he’s not going to be eligible
to get out, at the earliest, in what, June, another six months. And then if he got
out and did absolutely everything perfect that he was supposed to do it would be
another six months before the court would consider any type of trial placement.
So, we’re looking at another year, absolute minimum with a child that’s now
twenty [nineteen] months old and has spent all but six [five] weeks of its life in
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the State’s custody. So, from the child’s standpoint this cannot be accomplished
within a reasonable period of time.
And, the only date that we’re sure of, he entered a plea on January 17, 2007,
and is serving ten years in the Department of Correction on possession with
intent to deliver, possession of drug paraphernalia, and maintaining a premises
for drug activities with credit for time served since May 2, 2006. You know,
that is the date that we know for certain. These dates where they may be eligible
all can fluctuate depending on their behavior. He’s testified he’s already had one
disciplinary action, so you know, that is just something that may happen.
Then the other thing the court has to consider if the court doesn’t terminate,
what would be the risk of harm if returned to the father. During the time he’s
known the mother he’s worked a total of a legitimate job for two days by his own
testimony. The other money he was earning, he was dealing drugs. Now to me,
he didn’t care about these children, he was interested in dealing drugs. He has
a six [five] week old and a year old toddler in the home when the arrests
occurred and they have marijuana, cocaine, paraphernalia, and a loaded weapon
in the home.
....
Then looking at the other part of the problem we have is what was the
condition of the home when these children were living in it irregardless [sic]
of the drugs. They’re in a home that’s filthy with no running water. They are not
taking care of these children; there’s no indication that they’re going to change
and take care of them when they get out. These children at their tender ages
need to go on to permanency and not wait another year, or two, or three years
to see if they may get their acts together.
In the subsequent written order, the trial court found that terminating appellant’s
parental rights was in the child’s best interest and was justified on two grounds: (1) “that the
juvenile has been adjudicated by the Court to be dependent- neglected and has continued out of
the custody of the parents for twelve (12) months and, despite a meaningful effort by the
Department to rehabilitate the parents and correct the conditions which caused removal, those
conditions have not been remedied by the parents”; and (2) “Furthermore, the father has
significant criminal drug charges and has received a ten (10) year sentence.
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From the
juvenile’s viewpoint, the father could not achieve reunification within a reasonable time.”
We have held that when the issue is one involving the termination of parental rights,
there is a heavy burden placed on the party seeking to terminate the relationship. Jefferson v.
Arkansas Dep’t of Human Services, 356 Ark. 647, 158 S.W.3d 129 (2004). Parental rights,
however, will not be enforced to the detriment or destruction of the health and well-being of
the child.
Id.
A circuit court may terminate parental rights if the court finds by clear and
convincing evidence that termination is in the child’s best interest, considering the likelihood
that the child will be adopted and the potential harm the child would suffer if returned to the
parent’s custody; and finds by clear and convincing evidence that at least one statutory ground
for termination exists.
See Latham v. Arkansas Dep’t of Health and Human Services, 99
Ark. App. 25, 256 S.W.3d 543 (2007); Ark. Code Ann. § 9-27-341(b)(3) (Repl. 2008).
One
of the grounds included in the statute is that the child “has been adjudicated by the court to be
dependent-neglected and has continued out of the home for twelve (12) months and, despite
a meaningful effort by the department to rehabilitate the home and correct the conditions
which caused removal, those conditions have not been remedied by the parent.”
Ark. Code
Ann. § 9-27-341(b)(3)(b)(i)(a). Another ground is that the “parent is sentenced in a criminal
proceeding for a period of time that would constitute a substantial period of the juvenile’s
life.” Ark. Code Ann. § 9-27-341(b)(3)(B)(vii).
When the burden of proving a disputed fact is by clear and convincing evidence, the
question we must answer on appeal is whether the trial court’s finding that the disputed fact was
proved by clear and convincing evidence is clearly erroneous.
Malone v. Arkansas Dep’t of
Human Services, 71 Ark. App. 441, 30 S.W.3d 758 (2000). In determining whether a finding
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is clearly erroneous, we give due deference to the opportunity of the trial court to judge the
credibility of the witnesses. Id.
We hold that the trial court did not err in terminating appellant’s parental rights on the
ground that appellant was sentenced in a criminal proceeding for a period of time that would
constitute a substantial period of the child’s
life.
First, we clarify for the sake of the
dissenting judges that the trial court did indeed terminate appellant’s rights on this ground.
It
was argued, without objection, as a ground for termination at the hearing by counsel for DHS,
and it is apparent from the trial court’s oral remarks and the written order that this ground was
a basis for the trial court’s decision.
Although the trial court did not quote the statutory
language in its exact form, the court’s meaning could not be more clear. Moreover, appellant
addresses this ground in his brief.
Secondly, we cannot say that the trial court’s finding is clearly erroneous.
was sentenced to concurrent terms of ten years in prison.
Appellant
The child in this case was ten
months old when appellant received the ten-year sentence and nineteen months old at the time
of the termination hearing, when appellant had served only eleven months of his sentence.
For
a child so young as TF, the sentence appellant received without question constitutes a
substantial period of his life.
Appellant argues, however, that the term of his
imprisonment
is not determinative, citing Crawford v. Arkansas Dep’t of Human Services, 330 Ark. 152,
951 S.W.2d 310 (1997), where it was said that “[a]lthough imprisonment imposes an unusual
impediment to a normal parental relationship, we have held that it is not conclusive on the
termination issue.”
Appellant has taken this familiar statement of law out of context.
In
Crawford, the father’s parental rights were not terminated on the ground that he had received
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a substantial prison sentence.3
Crawford’s rights were terminated on the entirely different
ground that he had willfully failed to provide significant material support for his children and
to have meaningful contact with them.
Thus, the statement in Crawford that imprisonment is
not controlling is pertinent when the issue involves the willful failure to provide meaningful
support and to maintain meaningful contact, or the like.
See also, e.g., Linker-Flores v.
Arkansas Dep’t of Human Services, 364 Ark. 224, 217 S.W.3d 107 (2005) (imprisonment
not controlling but does not toll parental responsibilities when considering the parent’s failure
to remedy the conditions that caused removal); Bush v. Dietz, 284 Ark. 191, 680 S.W.2d 704
(1984) (incarceration not controlling
on
the issue of abandonment); Zgleszewski v.
Zgleszewski, 260 Ark. 629, 542 S.W.2d 765 (1976) (incarceration not controlling on the issue
of abandonment).
However, this statement of law has no particular application when the very
ground at issue involves a prison sentence that constitutes a substantial period of the child’s
life.
When that ground is under consideration, the length of the prison sentence can be
determinative of the termination decision.
Although the statute speaks in terms of the sentence received by the parent, the trial
court addressed appellant’s wait-and-see argument regarding
3
the possibility that he might be
In Crawford v. Arkansas Dep’t of Human Services, infra, the father had been sentenced
to ten years in prison with five years suspended. This sentence would not have served as a ground for
termination because the statute in effect at that time defined “substantial period” as “a sentence, not time
actually served, of no less than fifteen years, none of which has been suspended.” Ark. Code Ann. §
9-27-341(2)(H)(ii) (Repl. 1998). In its current form, Arkansas Code Annotated § 9-27341(b)(3)(B)(viii) requires only that the parent be sentenced to a substantial period of the juvenile’s life,
but it does not set a minimum term of imprisonment.
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released on parole in six months.4 The trial court found, however, that appellant’s release from
prison could not be predicted with certainty and that, even if appellant were released from
prison when he claimed, the child could not be returned to him immediately or within a
reasonable time thereafter.
In making this determination, the trial court considered appellant’s
demonstrated failings as a parent, which included evidence that appellant dealt drugs instead
of working and evidence showing the deplorable condition of the home.
In all, the court
reasoned that a prolonged delay, possibly spanning another year or perhaps more, was not in
the best interest of a child who was nineteen months old and who had been in foster care since
he was five weeks old.
These are worthy and pertinent considerations.
The trial court’s findings addressed the
issue of the best interest of the child and were consistent with the stated intent of the
termination statute, which is “to provide permanency in a juvenile’s life in all circumstances
where return to the family home is contrary to the juvenile’s health, safety or welfare, and it
appears from the evidence that return to the family home cannot be accomplished in a
reasonable period of time as viewed from the juvenile’s perspective.” Ark. Code Ann. § 9-27341(a)(3).
From our review of the record as a whole, we are convinced that the trial court’s
decision is not clearly erroneous.
Therefore, we affirm the trial court’s best-interest
determination and the finding that appellant was sentenced for a period of time that constituted
a substantial period of the child’s life.
Although we consider DHS’s reunification efforts
4
In a footnote, appellant’s counsel advises that appellant has been released on parole and is
now living in Blytheville. It is not proper for counsel to include this statement in his brief, and this
belated information can play no part in our decision. It is axiomatic that we do not consider matters
outside the record to determine issues on appeal. Peterson v. Dean, 102 Ark. App. 215, ___
S.W.3d ___ (Apr. 30, 2008).
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woefully inadequate, that issue is moot because only one ground is necessary to terminate
parental rights. Lee v. Arkansas Dep’t of Human Services, ___ Ark. App. ___, ___ S.W.3d
___ (May 28, 2008).
PITTMAN, C.J., GLADWIN and HUNT , JJ., agree.
HART and BAKER, JJ., dissent.
HART , J., dissenting.
I agree with Judge Baker that this case should be reversed, but
write separately to make two points.
First, the basis for the trial court’s conclusion that
custody could not be regained by Fields within a reasonable time was largely created by DHS’s
inaction, as DHS knew about Fields’s whereabouts and his status as T.F.’s biological father and
did nothing to make him a part of the case until it assumed that termination of his parental
rights was a fait accompli.
Fields was not even represented by counsel until December 5,
2007, not two weeks before the December 21, 2007, termination hearing. Of course, as Judge
Baker so clearly states, no reunification services were offered.
DHS did not even make the
effort to ascertain Fields’s date of release from incarceration, which should have been a key
element in their case.
The majority has, however, overlooked this glaring failure by
speculating, despite Fields’s testimony to the contrary, that the time for his release would be
too far in the distant future to provide “permanency” for T.F.
Furthermore, although the actual time remaining on Crawford’s sentence was not proved
at the hearing to be “a substantial period of the juvenile’s life,” as specified by Arkansas Code
Annotated section 9-27-341 (b)(3)(B)(viii) (Repl. 2008), the majority creates out of whole
cloth a legal theory to work around this failure of proof through a twisted interpretation of the
holding in Crawford v. Arkansas Deparment of Human Services, 330 Ark. 152, 951 S.W.2d
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310 (1997). In Crawford, the supreme court expressly states, consistent with two other cases,
that imprisonment is “not conclusive on the termination issue.” 330 Ark. at 157, 951 S.W.2d
at 313.
While the supreme court affirmed the termination, it noted that the appellant not only
faced an additional four years on his sentence, he was incarcerated for sexually abusing the
half-sister of his two children. Obviously, the instant case is distinguishable.
My second point is of broader nature.
I think the State of Arkansas has made a
fundamental error in how to approach these cases. The basic terminology involved proves this:
we call these actions “termination of parental rights.”
In effect, they are termination of
parental responsibility. The goal of this state should not be to punish those whom we perceive
to be bad parents, but to ensure that they carry out their basic responsibility to support and
nurture the children that they bring into this world. I do not dispute that almost all the parents
of the children in DHS custody are part of the problem. We as a society need to make them
part of the solution, not absolve them of that responsibility and leave them unencumbered to
produce more offspring.
In this case, Fields, albeit belatedly, stepped forward to assume
responsibility for the child he fathered.
We should not penalize him for doing this—indeed,
we should expect nothing less.
BAKER, J., dissenting.
As the majority acknowledges, the department did not offer
Fields any services. (Emphasis added).
Appellant’s counsel correctly argued at the conclusion
of the hearing that Ark. Code Ann. § 9- 27-341(b)(3)(B)(i)(a) (Repl. 2008) requires DHS to
prove that it put forth a meaningful effort to rehabilitate the parent and correct the conditions
that caused the removal. The majority reasons that the issue is moot because only one ground
is necessary to terminate parental rights, and, that despite the trial court’s failure to properly
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identify the statutory language, the trial court correctly found that appellant’s incarceration
prevented the father from achieving reunification within a reasonable time.
See Ark. Code
Ann. § 9-27-341(b)(3)(viii).
In
support
of
this
conclusion,
the
majority
relies
upon
Angela
Carvey’s
recommendation of termination of Fields’s parental rights because the foster home was the
only home T.F. knew. She also asserted that T.F. was adoptable and that the foster family had
expressed interest in doing so. According to Carvey, the only part of the case plan Fields had
completed was to resolve his criminal charges. On cross-examination, Carvey denied that the
department had a policy of automatically seeking termination of parental rights any time a
parent is incarcerated. She also said that she was unaware of any case where the department did
not seek termination but instead waited for the parent to be released.
The only issue before
this court is whether there is sufficient evidence to support the circuit court’s decision. The
court found that DHS had proven two grounds for termination of Fields’s parental rights: that
the children had been adjudicated to be dependent-neglected and had continued out of the
custody of the parent for twelve (12) months and, despite a meaningful effort by the
department to rehabilitate the parent and correct the conditions that caused removal, those
conditions had not been remedied by the parent, see Ark. Code Ann. § 9-27-341(b)(3)(B)(i)(a),
and that Fields was sentenced to a period of time that constitutes a substantial period of the
juvenile’s life and
is still subject
to
that
sentence.
See
Ark.
Code Ann.
§
9-27-341(b)(3)(B)(viii).
The first ground found by the circuit court, based on section 9- 27- 341(b)(3)(B)(i)(a),
required proof that T.F. had been adjudicated dependent-neglected, that he had remained out
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of his parents’ custody for more than twelve months, that DHS made reasonable efforts to
provide services, and that the conditions that caused T.F.’s removal had not been remedied.
While the majority reasons that the issue is moot, the circuit court’s finding that all four
elements had been met is clearly erroneous because the DHS caseworker testified that no
services were offered to Fields. Fields testified that while incarcerated he completed parenting
classes, a substance-abuse program, and an anger-management program without assistance
from DHS. Fields testified that he had a place to live and transportation lined up. However,
DHS did not determine whether this would be an adequate home for T.F.
Therefore, Fields’s
parental rights cannot be terminated based on section 9-27-341(b)(3)(B)(i)(a).
The majority reasons that the length of the prison sentence can be determinative of the
termination decision and holds that the prison sentence in this case constitutes a substantial
period of the child’s life.
It finds that the possibility of parole within a few months was
inconsequential and relies upon the trial court’s reasoning that the delay “possibly spanning
another year or perhaps more, was not in the best interest of a child who was nineteen months
old and who had been in foster care since he was five weeks old.”
I dissent to point out that our review of the trial court’s determination that the sentence
in a criminal proceeding would constitute a substantial period of the juvenile’s life should be
limited neither to the length of the child’s current years lived nor by the years left to
emancipation.
Rather, we should focus upon the full life expectancy of the juvenile and the
length of the incarceration in relation to that life expectancy.
According to the Child Welfare League of America (CWLA), approximately 150,000
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teens are in foster care.5
About 20,000 of these older youth “age out” of foster homes and
institutions each year. Id. The age at which foster care youth must leave the system varies from
state to state. Id. CWLA reports that at least 22 states have set that age at 21; Massachusetts
has the option to age out youth at 23. Nineteen states, including Arkansas, age out foster care
youth at 18. Id. Many teens also leave the system prior to the “official” emancipation age and
try to make a go of living on their own. Id.
According to the National Alliance to End
Homelessness, in some areas of the country as many as 60 percent of homeless people have
a foster care history. Id. Many never complete high school and go on welfare. Id. About onequarter of the men end up incarcerated. Id. In 1991, the U.S. Department of Health and Human
Services found that only one in six of the teens they tracked who had recently left care was
completely self-supporting. Id.
Statistics such as these indicate that many of these children, from whom the state
permanently separates their parents, leave our care and gravitate to homeless shelters, prison,
and welfare.
When we consider the entire life of the child in this case, another year spent in
determining whether reunification with his father could be achieved would not have been
significant.
In fact, the time frame would have only been a few short months.
No services
were provided to this father. While we have repeatedly said that few consequences of judicial
action are so grave as the severance of natural family ties, see Osborne v. Ark. Dep’t of
Human Servs., 98 Ark. App. 129, 252 S.W.3d 138 (2007), we should also be cognizant that
the grave consequences of that severance extends far beyond the juvenile years of the child
5
Almost Home, by Kendra Hurley, Shelterforce Online, Issue 125, September/October 2002;
National Housing Institute, http://www.nhi.org/online/issues/125/independence.html.
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life.
In this case, the father sought and completed classes with no help or support from the
department.
The law favors preservation, not severance, of natural familial bonds.
See
Santosky v. Kramer, 455 U. S. 745 (1982); Benedict v. Ark. Dep’t of Human Servs., 96 Ark.
App. 395, 242 S.W.3d 305 (2006). Whether Fields would ultimately be successful in being
reunited with his son, we cannot know. Nonetheless, the State of Arkansas owes this child the
opportunity to have that chance.
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