Lewis v. Arkansas Dep't of Human Services11/17/2005
This appeal arises from an order of the Clay County Circuit Court, granting a petition filed by appellee, Arkansas Department of Human Services (DHS), to terminate the parental rights of appellant, Randel Lewis, the father of four minor children, in a dependent-neglect action. Appellant's counsel, Val Price, has filed a motion to withdraw and a no-merit brief, pursuant to Linker-Flores v. Arkansas Dep't of Human Servs., ___ Ark. ___, ___ S.W.3d ___ (Oct. 7, 2004), and Ark. Sup. Ct. R. 4-3(j)(1). DHS did not file a brief in response. We affirm the circuit court's termination of appellant's parental rights.
In November 2000, DHS opened a protective-services case on appellant's family, including appellant, his wife, Christina, and his three children, A.L., J.L, and A.L., due to environmental neglect and unsanitary living conditions. The three children were ages four and under. When a DHS family-services worker visited the home, scissors and straight pins were found on the floor. Dirty dishes, dirty laundry, and trash were found throughout the house. The nine-month-old child was still sleeping in the a bassinet, and the family-services worker had never seen the nine-month-old infant out of the swing or a bassinet. A knife was also found in the yard.
On July 26, 2001, DHS filed a dependency-neglect action because of the deplorable conditions of appellant's home. After a probable-cause hearing was held on August 31, 2001, the circuit court allowed the children to remain in appellant's custody and ordered parenting classes and DHS services. On January 9, 2002, a review of the matter was held, and DHS sought custody of the children. The court appointed an attorney ad litem and allowed DHS to amend its petition to include appellant's newborn child, C.L.
On February 7, 2002, an adjudication hearing was held. Lori Hoggard, a DHS family-services worker, testified that the home was much cleaner at that time. Angela Bradshaw, a speech therapist for the children, testified that she had seen a difference in appellant's children after they were involved in therapy programs. Christina Lewis, appellant's wife, testified that she tried to maintain the home, and that she did not need any further services from DHS. The circuit court ordered that the children remain in the parents' custody, and DHS was ordered to continue its services. The circuit court ordered an adjudication of dependency-neglect with regard to the youngest child, C.L., for environmental neglect.
In July 2002, all of the children were removed from the home. A probable-cause hearing was held on July 26, 2002, on a petition alleging medical neglect. John Bradshaw, a family-service specialist with DHS, testified that he conducted three child-maltreatment investigations concerning appellant. The first investigation involved environmental neglect, and the second investigation was instigated because appellant was arrested for driving while intoxicated while the children were in the vehicle. The third investigation involved allegations of medical neglect because appellant and his wife did not administer antibiotics for appellant's child, A.L. Mr. Bradshaw testified A.L. had a foot infection that resulted from a toothpick being inside the child's foot for an extended period of six weeks. The antibiotic medication, IV pole, pump, and equipment were found unused in the home. Mr. Bradshaw stated that the children were placed in foster care on July 10, 2002. He further testified that appellant's wife left the home to stay with friends in Paragould.
Ms. Hoggard testified that A.L. was seen by an emergency room doctor after he stepped on the toothpick. According to Ms. Hoggard's testimony, Christina Lewis objected to sur
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