|
|
| |
| Fri, Sep. 5, 2008 |  |
 |
|
||
| |
Court restores woman's parental rights Thursday, Nov 2, 2006 By Rob Moritz Arkansas News Bureau LITTLE ROCK - The Arkansas Court of Appeals on Wednesday reversed a circuit judge's ruling that stripped a Washington County woman of parental rights to her three children. In the unanimous decision, the appeals judges scolded lawyers for the state human services agency for the way they handled the case. Lyla Benedict's three children were placed into foster care after an investigation found their home in a shambles and the mother unable to care for the children. Benedict voluntarily admitted herself to a hospital where she was treated for postpartum psychotic depression. After she was released from the hospital, Benedict was ordered to take her prescribed medications, follow all the treatment program's discharge recommendations, participate in counseling, obtain a drug screening and follow a case plan prescribed by the state Department of Human Services (now the Department of Health and Human Services). A family service worker for the agency later reported that Benedict had done everything that was asked of her recommended a trial placement at home with her children. After several hearings, Washington County Circuit Judge Stacey A. Zimmerman changed the goal of the hearing from reunification of mother and children to adoption of the children and termination of Benedict's parental rights. The judge concluded that Benedict still lacked the ability to maintain a safe home and properly supervise the children. The agency and an attorney appointed to represent the children filed a joint petition for termination of Benedict's parental rights in February 2005. In an April hearing, DHS moved to dismiss the termination petition, but the lawyer representing the children objected. Zimmerman dismissed the motion but noted that DHS had recommended reunification and opposed termination of parental rights. After a hearing, in which Benedict testified, Zimmerman entered an order terminating the woman's parental rights. The judge ruled that despite efforts by DHS, Benedict had not corrected the conditions that caused the children to come into state care and that she could not meet the needs of the children. Benedict appealed the ruling, arguing, among other things, that the judge erred in finding that it was in the children's best interests to terminate her parental rights. The appeals court overturned Zimmerman's ruling Wednesday. Though Benedict initially was incapable of caring for her children and put them at risk, "Throughout DHS' involvement, (Benedict) showed remarked progress in her ability to provide a stable home," Appeals Judge Wendell Griffen wrote. "We hold that on this record, where (Benedict) has by all accounts cooperated with the orders of the court, benefited from the services provided by DHS, and shown objective improvement to the benefit of the children, the circuit court clearly erred in terminating (Benedict's) parental rights," he wrote. The judge added that despite the seriousness of the case, DHS and ad litem attorneys "treated the proceedings lightly." He said the agency "stood on the sidelines" as the ad litem moved for termination of parental rights despite believing the woman's paternal rights should not be ended and chose not to file a brief once termination proceedings were complete and Benedict filed her appeal. |
