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Bailey v. Arkansas Department of Human Services

Court of Appeals of Arkansas, Division IV

February 27, 2019

Rema BAILEY, Appellant
v.
ARKANSAS DEPARTMENT OF HUMAN SERVICES and Minor Children, Appellees

Page 903

[Copyrighted Material Omitted]

Page 904

          APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. 66FJV-17-14], HONORABLE LEIGH ZUERKER, JUDGE

          Janet Lawrence, for appellant.

          Andrew Firth, Office of Chief Counsel, for appellee.

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

         OPINION

         BRANDON J. HARRISON, Judge

          Rema Bailey appeals the termination of her parental rights to four of her children.[1] She argues that the circuit court erred in finding that she posed a risk of potential harm to her children and that the Arkansas Department of Human Services (DHS) failed to provide adequate services. We affirm.

          On 9 January 2017, DHS petitioned for emergency custody of Bailey’s five children, who ranged from three months to seven years of age. The affidavit attached to the petition explained that DHS was notified in October 2016 after the infant, K.B., was born with amphetamines in his system. DHS opened a protective-services case in November and discovered that K.B. had been admitted to Arkansas Children’s Hospital (ACH) on December 25. ACH voiced concern over the parents’ fighting at the hospital and their refusal to participate in the case, including not assisting in changing or feeding K.B. On 4 January 2017, Bailey was drug-screened and was positive for methamphetamine. She denied using drugs and blamed her husband for possibly putting drugs in her food. At that time, a seventy-two-hour hold was placed on the other four children; K.B. was discharged and a hold was placed on him the next day. DHS discovered that three of the children were heavily infested with lice. The affidavit also noted a previous protective-services case, which was opened due to environmental neglect and the parents’ testing positive for methamphetamine.

         The circuit court granted emergency custody and later found probable cause to continue custody with DHS. In its probable-cause order, the court ordered that the parents be referred for a drug-and-alcohol assessment and marital counseling and that both parents submit to a drug screen that day (12 January 2017) and as requested by DHS.

          In March 2017, the court adjudicated the children dependent-neglected. The parties stipulated to the adjudication "based on parental unfitness due to parental drug use." The court ordered the parents to obtain and maintain stable and appropriate housing, income, and transportation; complete parenting classes; complete a drug-and-alcohol assessment and follow the recommendations; complete domestic-violence classes; resolve all criminal issues; and submit to random drug screens and hair-follicle testing. The court noted in a September 2017 review order that the parents had submitted to a drug-and-alcohol assessment but needed to follow the recommendations of that assessment.

          The circuit court conducted a permanency-planning hearing on 30 November 2017. The permanency-planning order, which was ...


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