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Troglin v. Arkansas Department of Human Services

Court of Appeals of Arkansas, Division III

February 15, 2017

KRISTAN TROGLIN APPELLANT
v.
ARKANSAS DEPARTMENT OF HUMAN SERVICES AND MINOR CHILD APPELLEES

         APPEAL FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO. JV-2015-267-3] HONORABLE STACEY ZIMMERMAN, JUDGE

         AFFIRMED

          Tina Bowers Lee, Arkansas Public Defender Commission, for appellant.

          Mary Goff, Office of Chief Counsel, for appellee.

          Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad litem for minor child.

          BRANDON J. HARRISON, Judge

         Kristan Troglin appeals the termination of her parental rights to her son, C.T.[1]Troglin challenges both the best-interest determination and the statutory grounds for termination. We affirm the termination order.

         On 30 March 2015, the Arkansas Department of Human Services (DHS) filed a petition for emergency custody of four-year-old C.T. The accompanying affidavit explained that DHS had exercised a seventy-two-hour hold on C.T. on March 25 after Troglin had been arrested for endangering the welfare of a minor. "Kristan reportedly left [C.T.] with a friend at West End Apartments and did not return to pick him up. Kristan had left [C.T.] with Nycole Fargo and a man named Mikah, but he was reportedly shuffled around to several different apartments and ended up staying with Ronnie Bridges." The affidavit noted that Justin Troglin was currently in jail. The affidavit also recited DHS's history with the Troglins:

March 16, 2012: True on Kristan and Justin for Inadequate Supervision on [C.T.].
April 15, 2012-August 15, 2012: Protective services case opened on the family.
June 2, 2014: True on Justin for Inadequate Supervision on [C.T.].
July 12, 2014-September 12, 2014: Protective services case open on the family.
February 16, 2015: Pending investigation on Kristen [sic] for inadequate supervision on [C.T].
March 25, 2015: Pending investigation on Kristen [sic] for inadequate supervision on [C.T.] due to these most recent allegations.

         The Washington County Circuit Court granted the ex parte order for emergency custody, and on April 1, found probable cause for C.T. to remain in DHS's custody. The probable-cause order noted that Troglin was in the Intensive Care Unit but did not indicate why she was hospitalized.

         In June 2015, the court adjudicated C.T. dependent-neglected due to neglect, parental unfitness, and Troglin's drug use. Troglin was allowed supervised visitation and phone visits once a week. She was also ordered to contact the family-service worker once a week, undergo a psychiatric evaluation, participate in individual counseling, not use illegal drugs or alcohol, submit to random drug screens, and obtain and maintain stable housing and employment. The ...


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