Arkansas Court Case: BEARDEN v. ARKANSAS DEPARTMENT OF HUMAN SERVICES

Judy Ann BEARDEN, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES, Appellee

TERMINATION OF PARENTAL RIGHTS APPEAL—GROUNDS AND STANDARDS

01-31 SUPREME COURT OF ARKANSAS 344 Ark. 317; 42 S.W.3d 397

March 29, 2001 APPEAL FROM THE SALINE COUNTY CIRCUIT COURT, J97-217, HON. GARY M. ARNOLD, JUDGE.

Affirmed.

COUNSEL:

Robert L. Herzfeld, Jr., for appellant. Kathy L. Hall, for appellee. Annabelle Clinton Imber, Justice. Judy Ann Bearden appeals the order of the Saline County Chancery Court terminating her parental rights with respect to her two oldest children. This appeal is before us on petition for review of the opinion issued by the Arkansas Court of Appeals in Bearden v. Arkansas Dep't of Human Servs., 72 Ark. App. 184, 35 S.W.3d 360 (2000), reversing the chancery court's order. We have jurisdiction pursuant to Ark. Sup. Ct. R. 2-4(c). Upon a petition for review, we consider a case as though it had been originally filed in this court. Estridge v. Waste Management, 343 Ark. 276, 33 S.W.3d 167 (2000) (citing Maxey v. Tyson Foods, Inc., 341 Ark. 306, 18 S.W.3d 328 (2000); Woodall v. Hunnicutt Construction, 340 Ark. 377, 12 S.W.3d 630 (2000); White v. Georgia-Pacific Corporation, 339 Ark. 474, 6 S.W.3d 98 (1999); Burlington Indus. v. Pickett, 336 Ark. 515, 988 S.W.2d 3 (1999)). We hold that the chancellor's decision to terminate Ms. Bearden's parental rights must be affirmed. Ms. Bearden is the natural mother of three children, Devin Bearden, n1 born August 23, 1993, Peppermint Koolaid Lacira Welsh, n2 born November 12, 1997, and Jaresha Ashley Dawn Welsh, n3 born August 8, 1999. On November 25, 1997, the Arkansas Department of Human Services ("DHS") filed a petition for emergency custody in the Saline County Chancery Court seeking emergency custody of newborn Peppermint, who was born five weeks premature and weighed only five pounds. Because of her small size, she had to be fed frequently and bundled to maintain her body temperature. n1 The parental rights of Devin's father, Gabriel Coll, were terminated by default simultaneously with the termination of Ms. Bearden's rights.

The termination of Mr. Coll's parental rights is not before us in this appeal. n2 Although DNA testing was conducted on two putative fathers during the course of this action, the trial court was ultimately unable to determine the paternity of Peppermint. The trial court ordered that the parental rights of any putative or unnamed father of Peppermint be terminated. That order is not appealed. n3 DHS took custody of Jaresha on August 9, 1999, the day following her birth. She was subsequently adjudicated dependent-neglected, but that order is not part of the present appeal. Ms. Bearden was discharged the day after she gave birth to Peppermint and did not contact the hospital again regarding her baby until the following day, November 14, 1997, when she expected the baby to be discharged. She contacted the hospital again at approximately 11:00 p.m. on November 15. When she did visit the hospital, personnel became concerned about Ms. Bearden's ability to care for the baby because, despite being given specific instructions to keep Peppermint warm, she kept unwrapping her. Ms. Bearden reported to hospital personnel that she had no place to go when she left the hospital with the baby, so she went to her mother's home even though she had recently been asked to leave that home. At the hearings, Ms. Bearden claimed to have a baby bed, diapers, and the ability to provide formula for the baby.

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