A state legislator who "re-homed" his adopted 6-year-old daughter to a man who later raped her has become a distraction and "should consider" resigning, House Minority Leader Eddie Armstrong, D-North Little Rock, said Wednesday.
He also said lawmakers need to look at the Department of Human Services and evaluate whether an "overhaul" at the agency is needed to prevent something like this from happening again.
Armstrong said he hoped Gov. Asa Hutchinson and Republican leaders would have discussions with state Rep. Justin Harris, R-West Fork, about stepping down from office.
He made his comments hours after Harris skipped a meeting of the Aging, Children and Youth, Legislative and Military Affairs Committee, of which Harris is the vice chairman.
Harris also failed to appear for Wednesday's votes in the House of Representatives but met with his Little Rock attorney.
Despite being absent from his desk, he was nonetheless recorded as being "present" for Wednesday's session, although no votes on bills were recorded.
"The story has become, in my opinion, a complete distraction to our body. Many members ... have said this has become a distraction to our day-to-day work," Armstrong said. "[If] he cannot focus on the things most important back in his hometown, in his family household within his own school, then yes, he should ... consider resigning and take the distraction off the body."
By text message, Harris referred requests for comments to attorney Jennifer Wells, who said the legislator set off for home Wednesday night to celebrate his wedding anniversary.
Wells said she had no response to the suggestion that Harris resign, adding that Harris would likely discuss that topic with his wife later in the evening.
Harris sought to adopt three girls a few years ago after they were put under the supervision of the DHS after a methamphetamine fire at their home.
The oldest girl, who had been sexually assaulted before being placed in state custody, proved difficult to live with, according to Harris, and even threatened to kill the Harris family. She was eventually adopted by another family.
Harris sought to adopt the two younger girls but said DHS officials fought him all the way. Then, once the adoptions were finalized, Harris said the girls' difficult behavior became intolerable.
On March 3, the Arkansas Times first reported details about the re-homing.
On Friday, Harris called a news conference and said that when he attempted to return the children to DHS, he was met with threats from DHS officials, including Cecile Blucker, the head of the DHS' Children and Family Services Division.
Harris said Blucker told him that if he tried to return the girls, he could face child-abandonment accusations and that state officials might even sue him for custody of his three biological sons.
So, he gave the two adopted daughters to a man who once worked for his West Fork day care center, Growing God's Kingdom. The new guardian, Eric Francis, went on to sexually assault the oldest of those two girls, according to an investigation by the Arkansas State Police.
As of Wednesday, three bills have been filed to make the practice of re-homing children a felony.
While state Democratic Party leader Vincent Insalaco called for Harris' resignation last week, Armstrong was one of many legislators who voiced only heartbreak and concern for all involved, and resolved to address the "re-homing" issue.
On Wednesday, Armstrong said that after meeting with DHS officials to discuss the Harris case, as well as reading conflicting media accounts, there is much "contradictory" information.
The foster parents who had the two youngest girls before the girls moved in with the Harris family in late 2012 have disputed not only Harris' description of the girls but his account of how he got custody of them.
In an interview with the Arkansas Democrat-Gazette, the foster parents, Craig and Cheryl Hart, said the girls were never violent and were "very normal. Cute, friendly, basically happy girls."
The girls' former babysitter, Chelsey Goldsborough, said the girls were sweet but a little sad, and showed no violent behavior.
"[The sisters] were both little kids," she said. "They'd have a temper tantrum if you took something away from them, but nothing that wasn't normal."
The foster parents suggested that Blucker intervened in the adoption, siding with Harris, despite other people's concerns about the Harrises' fitness to raise three abused girls.
Armstrong said he couldn't discuss his meeting this week with DHS staff members but that the agency may need to re-examine the way it operates.
"I think our instinct sometimes, we look to call for someone's head immediately. ... In this case as delicate as it is, and with so many moving parts and so many contradicting early stories ... we should take a pause for the reaction," Armstrong said. "[Today] I felt something needed to be said. I felt this needed to be addressed in a way so we can get back to the people's business."
Shortly after Armstrong's remarks, Hutchinson fielded questions about the possibility of Harris resigning, saying that it was too early to decide how to proceed.
"I don't think anyone in this room knows all of the facts, and I can assure you as governor, I do not know all the facts," Hutchinson said. "So it seems premature to start making judgments when not all the facts are on the table."
Hutchinson pointed out that legislators have limited investigative tools and that DHS, though it has an internal affairs department, has no independent review, like an inspector general's office.
"As a former prosecutor, I want to know all the facts. But I don't have the tools to achieve and to determine all those facts with credibility," he said. "And I'm still wrestling with: One, how much of an investigation needs to be conducted [and Two] what's the body to conduct that investigation. And what will leave it with a credible result. We're watching it very closely."
Speaker of the House Jeremy Gillam, R-Judsonia, said that so far, Harris' situation has not prevented his chamber from working.
"We've gone right along. People have filed bills. And we've run bills," Gillam said. "At this point right now, we see no evidence that is has been a distraction to the process."
Although not seen at the Capitol once the House went into session, Harris was marked as present at his desk. Asked if that violated House rules, Gillam said there are often situations where members are in meetings or in the hall and a seatmate will sign them in as present for a session.
Asked whether Harris could continue to effectively serve in the Legislature, Gillam said it's premature to say.
"We're looking into that and having conversations, but at this point right now, we're just evaluating it and taking it as information comes to light in consultation with [Children, Youth and Aging, Legislative and Military Affairs Committee] Chairman [George] McGill and the rest of leadership," Gillam said.
When asked whether Harris should continue to serve on the committee that oversees children and youths, Gillam sidestepped the question.
"The membership and I are discussing and consulting just to make sure that we finish the session strong and that we do everything that we can to ensure that process."
Majority leader Rep. Ken Bragg, R-Sheridan, said he didn't think the ongoing controversy around Harris will interfere with the work at hand.
"The distraction comes from a personal level with Rep. Harris and what he's going through personally. We're all concerned about it ... we'll keep looking at the facts and evaluate it and see how it affects the rules of the House," Bragg said. "We haven't seen any real facts that would merit [resignation]. We'll keep looking at it, but no rules of the House have been broken that I'm aware of."
Bragg added: "As far as activity on [his] committee, I know he wasn't there today. That's just something we'll have to evaluate with time."
Given Harris' strained relationship with DHS, which is heavily involved in the legislation passing through his committee, McGill said that so far, their work hasn't been hamstrung.
He said Harris didn't tell him he wouldn't be at Wednesday's meeting.
"I understand why he may not show up. Certainly it's very trying for him and his family," he said. "I've been taught to first show mercy. And he hasn't been charged with anything that I know of. ... Whatever decision Rep. Harris makes, that's his and his family's decision."
Information for this article was contributed by Doug Thompson of the Northwest Arkansas Democrat-Gazette.