Page 390
[Copyrighted Material Omitted]
Page 391
APPEAL
FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO. 72JV-18-438],
HONORABLE STACEY ZIMMERMAN, JUDGE
Tabitha McNulty, Arkansas Public Defender Commission, for
appellant.
Anna
Imbeau, Office of Chief Counsel, for appellee.
Chrestman
Group, PLLC, by: Keith L. Chrestman, attorney ad litem for
minor children.
OPINION
LARRY
D. VAUGHT, Judge
Secia
Salinas appeals the Washington County Circuit Court’s
adjudication and disposition order finding AF (DOB February
27, 2003), MS1 (DOB June 4, 2009), MS2 (DOB March 31, 2013),
and SN (DOB February 18, 2017)
dependent-neglected.[1] We affirm.
After
a hearing in a family-in-need-of-services case on May 15,
2018, the circuit court entered an order authorizing the
removal of AF, MS1, and MS2 from Salinas for seventy-two
hours based on allegations that despite being warned
repeatedly to properly supervise her children, MS1 had been
sexually abused by a thirteen-year-old neighbor. The order
provided that the Arkansas Department of Human Services (DHS)
had been recently providing services to the family based on a
separate incident in 2016 when MS1, seven years old at the
time, had been sexually abused by her eighteen-year-old half
brother. The order further provided that Salinas had failed
to provide ADHD medication to MS1 for two months and did not
take MS1 to inpatient treatment that was recommended for her
after the second instance of sexual abuse.
On May
18, 2018, DHS filed a petition for emergency custody and
dependency-neglect of AF, MS1, and MS2. The affidavit of a
DHS family-service worker attached to the petition stated
that the family had a history with DHS dating back to 2012
that included four unsubstantiated findings (medical neglect;
inadequate food and shelter; educational neglect; and
environmental neglect) and four substantiated
Page 392
findings (sexual abuse; failure to protect; inadequate
supervision and threat of harm; and educational neglect). The
affidavit also stated that AF, MS1, MS2, and SN had been
removed from Salinas’s custody based on her lack of
supervision after MS1 had been sexually abused by a
thirteen-year-old neighbor. It was stated that this was the
second time that MS1 had been sexually abused while in
Salinas’s custody and that Salinas had been warned by the
circuit court to provide proper supervision. The affidavit
further stated that Salinas had not given MS1 her ADHD
medicine for two months. An ex parte order for emergency
custody was entered that same day.
A
probable-cause hearing was held on May 22, 2018. The circuit
court found there was probable cause to issue the ex parte
order for emergency custody of AF, MS1, and MS2. A separate
order was entered the same day removing SN from Salinas’s
care, authorizing DHS’s seventy-two-hour hold on ...