Cite as 2015 Ark. App. 455
ARKANSAS COURT OF APPEALS
DIVISION III
No. CV-15-251
KRISTINA SINGLETON Opinion Delivered September 9, 2015
APPELLANT
APPEAL FROM THE SCOTT
V. COUNTY CIRCUIT COURT
[NO. JV-2013-21]
ARKANSAS DEPARTMENT OF HONORABLE TERRY SULLIVAN,
HUMAN SERVICES, H.M., M.M., AND JUDGE
D.A., MINORS
APPELLEES AFFIRMED
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
Cite as 2015 Ark. App. 455
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
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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
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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 appellant had made little or no progress learning sign language to effectively
communicate with D.A., that she was unemployed and unable to provide the court with any
reasonable prospects of employment, that she did not have reliable transportation or a driver’s
license, and that she had been inconsistent in attending therapy.
We review termination-of-parental-rights cases de novo. Dinkins v. Ark. Dep’t of
Human Servs., 344 Ark. 207, 213, 40 S.W.3d 286, 291 (2001). At least one statutory ground
must exist, in addition to a finding that it is in the child’s best interest to terminate parental
rights; these must be proved by clear and convincing evidence. Ark. Code Ann. § 9-27-341
(Supp. 2013). In making a “best interest” determination, the trial court is required to
consider two factors: (1) the likelihood that the child will be adopted and (2) the potential
of harm to the child if custody is returned to a parent. Smith v. Ark. Dep’t of Human Servs.,
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2013 Ark. App. 430, at 4, 431 S.W.3d 364, 367. Adoptability is not an essential element but
is rather a factor that the trial court must consider. Id. Likewise, the potential harm to the
child is a factor to be considered, but a specific potential harm does not have to be identified
or proved by clear and convincing evidence. Sarut v. Ark. Dep’t of Human Servs., 2015 Ark.
App. 76, at 7, 455 S.W.3d 341, 346. The potential-harm analysis is to be conducted in
broad terms. Id. It is the “best interest” finding that must be supported by clear and
convincing evidence. Id. The appellate inquiry is whether the trial court’s finding that the
disputed fact was proved by clear and convincing evidence is clearly erroneous. J.T. v. Ark.
Dep’t of Human Servs., 329 Ark. 243, 248, 947 S.W.2d 761, 763 (1997). Credibility
determinations are left to the fact-finder. Henson v. Ark. Dep’t of Human Servs., 2014 Ark.
App. 225, at 6, 434 S.W.3d 371, 375.
The intent behind the termination-of-parental-rights statute is to provide
permanency in a child’s life when it is not possible to return the child to the family home
because it is contrary to the child’s health, safety, or welfare, and a return to the family home
cannot be accomplished in a reasonable period of time as viewed from the child’s
perspective. Ark. Code Ann. § 9-27-341(a)(3) (Supp. 2013). Even full compliance with the
case plan is not determinative; the issue is whether the parent has become a stable, safe
parent able to care for his or her child. Ford v. Ark. Dep’t of Human Servs., 2014 Ark. App.
226, at 3, 434 S.W.3d 378, 381. Finally, a parent’s past behavior is often a good indicator
of future behavior. Stephens v. Ark. Dep’t of Human Servs., 2013 Ark. App. 249, at 8, 427
S.W.3d 160, 164.
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Appellant argues that most of the evidence at the hearing focused on D.A. and that,
at a minimum, custody of M.M. and H.H. should be returned to her. She also blamed DHS
for failing to offer her sign-language classes and argued that learning any new language is
difficult and would take an extensive investment of time. Finally, she argues that there was
insufficient evidence of specific individuals interested in adopting the children.
Although much of the testimony at the termination hearing concerned D.A.’s
progress and appellant’s apparent inability to communicate with him or improve her sign-
language skills, the court also expressed grave concern about appellant’s instability, unsafe
male relationships, lack of transportation, and lack of employment, all of which address the
potential-harm consideration. Moreover, the court specifically found at the hearing that the
children were adoptable. There is no requirement that DHS provide the names of specific
adoptive parents for the children or even provide evidence that it has identified such persons
at the termination hearing. The statute does not require any magic words but merely
provides that the court consider the likelihood that the children will be adopted in making
its best-interest determination. Smith v. Ark. Dep’t of Human Servs., 2013 Ark. App. 753, at
7, 431 S.W.3d 364, 369; Ark. Code Ann. § 9-27-341(b)(3)(A) (Supp. 2013). Adoptability
is not an essential element of proof. In this case, there was testimony that the children were
adoptable, and there is no question that the court considered adoptability. The court
specifically found by clear and convincing evidence at the conclusion of the hearing that the
children were adoptable. We cannot say that the circuit court’s finding that it was in the
children’s best interest to terminate appellant’s parental rights was clearly erroneous.
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Affirmed.
ABRAMSON and HOOFMAN, JJ., agree.
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.
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