Arkansas, January, 2009, State Case law

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State Courts - Arkansas - January 28, 2009

Anderson v. State, No. CACR08-458, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, January 28, 2009, Opinion Delivered
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Garcia v. Ark. Dep't of Human Servs., No. CA08-827, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 28, 2009, Opinion Delivered
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Overview: Order terminating father's parental rights to his child pursuant to Ark. Code Ann. ? 9-27-341(b)(3)(B)(i)(a), (ii)(a), and (ix)(a)(3)(B)(i) was upheld because father, who lived in California, did not manage to maintain regular telephone contact with child, provided absolutely no financial support for child, and failed to maintain steady employment.

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Goforth v. Ark. HHS, No. CA 08-974, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 28, 2009, Opinion Delivered
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Overview: Trial court's conclusion that the mother had failed to remedy the conditions causing removal of the children after more than a year had passed under Ark. Code Ann. ? 9-27-341(b)(3) was supported by the mother's multiple deficiencies in complying with the trial court's orders, including her inability to provide a stable home for the children.

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Grider v. Ark. HHS, CA08-707, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 28, 2009, Decided
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Overview: The evidence was sufficient to support the circuit court's termination of the mother's children, Ark. Code Ann. ? 9-27-341, where the circuit court's assignment of weight and credibility to the Arkansas Department of Health and Human Services' expert witness' testimony was within the circuit court's jurisdiction.

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Hollister-Davis v. Ark. Dep't of Human Servs., No. CA 08-914, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 28, 2009, Opinion Delivered
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Overview: Termination of mother's rights under Ark. Code Ann. ? 9-27-341(b)(3)(B)(i)(a) was upheld where trial court found that mother had not remedied the issue of abuse because she steadfastly refused to acknowledge that she had abused her daughter, and thus had not come to terms with the problem that had caused the child to be removed from her custody.

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Jones v. State, No. CACR08-659, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 28, 2009, Opinion Delivered
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Maxwell v. State, No. CACR08-658, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, January 28, 2009, Opinion Delivered
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Overview: Sufficient evidence supported defendant's conviction for residential burglary, Ark. Code Ann. ? 5-39-201(a)(1), when viewed in light of testimony from the victim and police regarding defendant's attempts to come around the residence. Defendant had the requisite criminal intent and was more than merely present in the victim's garage.

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Montgomery v. Ark. Dep't of Human Servs. & Minor Child, No. CA08-1027, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 28, 2009, Opinion Delivered
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Overview: Termination of the mother's parental rights was affirmed, because the child was removed from the mother's custody for being born with opiates in his system, and there was a potential for harm to the child's health and safety if he were returned to the mother's custody under Ark. Code Ann. ? 9-27-341(b)(3)(A)(ii).

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Nixon v. Ark. Dep't of Human Servs., No. CA 08-977, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, January 28, 2009, Opinion Delivered
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Sanders v. Ark. Dep't of Human Servs., No. CA08-965, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, January 28, 2009, Opinion Delivered
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Overview: A trial court did not err under Ark. Code Ann. ? 9-27-338(c)(5) in not continuing with the goal of reunification and in placing a child in the custody of her paternal grandmother because although child's mother did submit to random drug screens, she tested positive for multiple substances during the dependency case, including cocaine and Methadone.

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