FROM THE SHARP COUNTY CIRCUIT COURT [NO. 68JV-15-135]
HONORABLE KEVIN KING, JUDGE AFFIRMED
Lightle, Raney, Streit & Streit, LLP, by: Jonathan R.
Streit, for appellant.
Goff, Office of Chief Counsel, for appellee.
Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad
litem for minor children.
and Brown, JJ., agree.
RAYMOND R. ABRAMSON, JUDGE
Rosenbaum appeals the Sharp County Circuit Court order
terminating his parental rights to his child, L.A. On appeal,
Rosenbaum argues that the circuit court erred in terminating
his parental rights because there was an available and
appropriate relative placement with his mother, Raven Traman.
September 5, 2015, L.A. was born while his mother, Alisa
Allard,  was incarcerated in the Southeast
Community Correction Center. The Arkansas Department of Human
Services ("DHS") placed a seventy-two-hour hold on
L.A., and on September 11, 2015, DHS filed a petition for
emergency custody and dependency-neglect. The petition listed
Rosenbaum and James Meeks as the putative fathers. On that
same day, the circuit court entered an ex parte order for
emergency custody. On September 15, 2015, the circuit court
found probable cause for the emergency custody.
October 6, 2015, the circuit court adjudicated L.A.
dependent-neglected due to Allard being incarcerated at
L.A.'s birth and also because Allard's other children
had been adjudicated dependent-neglected. In the adjudication
order, the court adjudicated Rosenbaum as the legal father
pursuant to DNA testing results. The court ordered Rosenbaum
to comply with the case plan, contact the DHS caseworker
weekly, watch "The Clock is Ticking" video,
participate in and complete parenting classes, obtain and
maintain appropriate housing and employment, submit to random
drug screens, and submit to a psychological evaluation.
December 1, 2015, the court held a review hearing. The court
found that Rosenbaum was in partial compliance with the case
plan because he had watched "The Clock is Ticking"
video and completed his psychological evaluation. However, he
had not completed parenting classes or a drug assessment.
on December 1, 2015, L.A.'s foster parents filed a motion
to intervene and to consolidate cases. They informed the
court that they had filed a petition for adoption of L.A. in
the probate division of the circuit court on that day, and
they asked the court to consolidate the cases. The circuit
court set a hearing on the motion to intervene for February
9, 2016. On January 8, 2016, Rosenbaum's mother, Raven
Traman, also filed a motion to intervene and for guardianship
February 9, 2016, the court held a review hearing. The court
granted the foster parents' motion to intervene but
reserved a ruling on Traman's motion to intervene pending
a home study. The court further found that Rosenbaum still
had not completed parenting classes or his drug assessment.
7, 2016, the court held a review hearing. DHS introduced into
evidence the results of Traman's home study and
recommended that L.A. not be placed with Traman at that time.
Christy Kissee, the family-service-worker supervisor,
testified that she did not recommend placement with Traman
due to Traman's lack of income. She noted that
Traman's only income is her son Brandon's disability
benefits. On cross-examination, she admitted that the home
itself was adequate and appropriate for the child. However,
she believed that Traman's lack of financial support
prevented placement of L.A. with her. She further voiced
concern of Traman's dependent behavior on Brandon.
testified that she lives with Brandon and her nine-year-old
grandson, of whom she has a guardianship. She explained that
Rosenbaum had recently moved out of her home and into an
apartment because she wanted to make room for L.A. and
because Rosenbaum had tested positive for K2. She explained
that she inherited her home from her mother and that Brandon
pays her utility bills. She stated that Brandon's income
is $653 per month and that amount is her total household
income. She noted that she babysits on occasion and
supplements that income. She testified that if the court
restricted access between Rosenbaum and L.A., she would abide
by the court's order. At ...