Katlyn Scott and Steven Scott v. Arkansas Department of Human Services and Minor Child

Summary

The Arkansas Court of Appeals affirmed the termination of Katlyn Scott’s and Steven Scott’s parental rights to Minor Child. The court held that sufficient evidence supported the failure-to-remedy ground based on persistent environmental neglect and that termination was in the child’s best interest. The court also held that Katlyn’s argument concerning relative placement was not preserved for appeal.

Holdings

1. Clear and convincing evidence supported termination under the twelve-month failure-to-remedy ground because Steven failed to remedy the environmental neglect that caused Minor Child's removal and did not demonstrate an ability to provide a consistently safe home.
2. Steven could not raise the argument that DHS failed to make meaningful efforts because he did not appeal prior orders finding that DHS had made reasonable efforts and did not raise the issue at the termination hearing.
3. The circuit court's finding that termination was in Minor Child's best interest was supported by sufficient evidence of potential harm.
4. Katlyn's argument that termination should not occur before considering placement with her sister was not preserved for appellate review.
5. Proof of one statutory ground is sufficient to affirm termination when the best-interest requirement is satisfied.

Questions Presented

1. Whether clear and convincing evidence supported termination of Steven Scott's parental rights under the twelve-month failure-to-remedy ground.
2. Whether Steven could challenge the alleged lack of meaningful DHS efforts when he had not appealed prior reasonable-efforts findings or raised the issue at the termination hearing.
3. Whether the evidence supported the finding that termination of both parents' parental rights was in Minor Child's best interest based on potential harm.
4. Whether the circuit court was required to resolve a possible relative placement with Katlyn's sister before terminating Katlyn's parental rights despite Katlyn's failure to preserve that argument below.

Disposition

affirmed