Singleton v. Ark. Dep't of Human Servs.

• Decision Date: 09 September 2015
• Docket Number: No. CV–15–251,CV–15–251
• Citation: 2015 Ark. App. 455,468 S.W.3d 809
• Parties: Kristina Singleton, Appellant v. Arkansas Department of Human Services, H.M., M.M., and D.A., Minors, Appellees.
• Court: Arkansas Court of Appeals

2015 Ark. App. 455

468 S.W.3d 809

Kristina Singleton, Appellant

v.Arkansas Department of Human Services, H.M., M.M., and D.A., Minors, Appellees.

No. CV–15–251

Court of Appeals of Arkansas, DIVISION III.

Opinion Delivered September 9, 2015

Travis Ragland, for appellant.

Tabitha Baertels McNulty, Office of Policy & Legal Services, for appellee.

Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad litem for minor children.

Opinion

RITA W. GRUBER, Judge

Appellant, Kristina Singleton, appeals from an order of the Scott County Circuit Court terminating her parental rights to her children: D.A., born June 19, 2008; H.M., born May 13, 2007; and M.M., born December 28, 2004. She contends on appeal that the evidence was insufficient to support the circuit court's decision that termination was in the children's best interest. We find no error and affirm the circuit court's order.

Appellant had a history with the Arkansas Department of Human Services (DHS), having been a foster child due to sexual abuse by her father, Robert Ford. In addition, there were two true findings for medical neglect of her son, D.A., who suffers from severe to profound hearing loss. This current case began on April 23, 2013, when DHS received two investigation reports on the family: sexual abuse of H.M. by her grandfather, Robert Ford, and failure to protect by appellant. Appellant had left her children with her parents while she was out of town, which is when the abuse occurred. Although appellant and her sister had both been sexually abused by Mr. Ford, appellant thought it was “okay” to leave her children in his home because he had “taken parenting classes in the past.” She and the children had been living with her parents for several weeks before the abuse occurred. In its affidavit supporting a change of custody, DHS also mentioned the previous two true findings for medical neglect regarding D.A.

In its probable-cause order filed June 3, 2013, the court expressed concern about appellant's stability, employment, and boyfriend. Early in the case, appellant lost her job and was dependent on her boyfriend, James Dean, who was incarcerated for domestic battery against appellant. According to DHS's court report, appellant had a history of domestic violence in relationships. In a review order entered six months later, the court ordered appellant to secure employment and work on her sign language to communicate with D.A. The court again ordered appellant to make progress on learning sign language in a review order dated May 13, 2014. The court also ordered her to participate in therapy with D.A., obtain and maintain employment, and obtain a driver's license. Finally, on September 5, 2014, the court entered a permanency-planning order, finding that appellant had failed to comply with the case plan by not having a driver's license, and thus having no licensed and insured transportation; acquiring minimal sign-language skills, thereby seriously impairing her ability to communicate with D.A.; not attending counseling on a regular basis; and infrequently visiting the children. The court changed the goal to termination of parental rights and adoption.

During the case, H.M. spent two months in a children's shelter and then was placed with a family where she did well. D.A. was initially placed with a different family but later moved to the Arkansas School for the Deaf during the school-year weekdays, where he “exploded” in language according to his therapist at the school. He spent his weekends and summer with the same foster family that was caring for H.M. D.A. did very well in these environments. M.M.'s placements were not as stable, however, due to behavior problems, and he was moved several times during the case. M.M. was finally placed with a family in August 2014, which has been successful.

At the termination hearing, appellant testified that she and her abusive boyfriend, James Dean, were still “friends” and that he had come by on the morning of the termination hearing to see her. She admitted that she did not have a driver's license, that she did not have a job, and that she was not certain how she would pay her rent for the next month. She insisted she would find a job before the rent was due. She also testified that she had a basic knowledge of sign language and that, when she did not understand D.A., she would ask his foster mother to explain.

A DHS program assistant who attended appellant's visitations with the children testified that appellant had not improved in her ability to communicate with D.A. since the beginning of the case but that D.A.'s siblings had improved and communicated well in sign language with him. Appellant's counselor testified that she had provided counseling to appellant three times in late 2013 but that appellant did not attend any more sessions after that time. She testified that she was unable to reach appellant at the phone numbers provided to determine why appellant failed to continue therapy. Appellant's DHS caseworker, Arial Vaught, testified that the children were adoptable and that she knew people who were interested in adopting them. The attorney ad litem opined that it would be in the best interest of the children for appellant's rights to be terminated.

At the hearing, the circuit court expressed its concern that appellant had made very little progress learning sign language to communicate with D.A.; that she had no job or transportation; and that she continued to have issues with her choice of men. In a termination order entered January 9, 2015, the court found by clear and convincing evidence that it was in the best interest of the children for appellant's rights to be terminated. The court specifically stated that it considered the likelihood that the children would be adopted and potential harm and that it found the testimony of Ms. Vaught credible. The court found that...