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APPEAL
FROM THE PULASKI COUNTY CIRCUIT COURT, ELEVENTH DIVISION [NO.
60JV-16-1316], HONORABLE PATRICIA JAMES, JUDGE
Tabitha McNulty, Arkansas Public Defender Commission, for
appellant.
Ellen
K. Howard, Office of Chief Counsel, for appellee.
Chrestman
Group, PLLC, by: Keith L. Chrestman, attorney ad litem for
minor child.
Opinion
DAVID
M. GLOVER, Judge
Carrie
Holdcraft appeals the Pulaski County Circuit Courts
termination of her parental rights to her daughter, SH (DOB
5-23-12).[1] She argues it was not in SHs best
interest for her parental rights to be terminated. We affirm
the termination of Holdcrafts parental rights.
The
Arkansas Department of Human Services (DHS) exercised a
seventy-two-hour hold on SH on November 3, 2016, after
receiving a child-maltreatment report that methamphetamine
was within easy reach of SH in Holdcrafts home and alleging
Holdcraft was not an adequate caregiver due to her use of
drugs. While investigating the report, the DCFS worker
observed that Holdcraft appeared to be under the influence of
an unknown substance, was fidgety, and was constantly moving.
While Holdcraft denied using any illegal substances, she
admitted others in the house had done so; the DCFS worker
could smell alcohol on Holdcraft, who admitted she had been
drinking throughout the day. Holdcraft tested positive for
methamphetamine, amphetamines, and marijuana; cocaine and
drug paraphernalia were discovered in the house; and a
marijuana plant was found growing in the laundry room.
Holdcraft was arrested on drug charges, and SH was taken into
DHS custody due to neglect and parental unfitness. On
November 7, 2016, DHS filed a petition for emergency custody
and dependency-neglect; an order granting emergency custody
was filed on that same day.
On
November 14, a probable-cause hearing was held, and the
circuit court entered an order finding that based on the
stipulation of the parties, there was probable
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cause to continue custody of SH with DHS. The circuit court
found DHS had made reasonable efforts to prevent removal. At
the time of the probable-cause hearing, Holdcraft was
incarcerated in the Pulaski County jail. On December 19, an
adjudication hearing was held, and the circuit court entered
an order finding SH was dependent-neglected. The parties
stipulated to the finding of dependency-neglect based on
parental unfitness, specifically Holdcrafts drug use, which
affected her ability to parent SH. The goal of the case
continued to be reunification, with a concurrent goal of
adoption, and the circuit court found that DHS had made
reasonable efforts to provide services and achieve the goal
of the case.
On
April 24, 2017, a review hearing was held. The circuit court
entered an order finding Holdcraft had made substantial
progress since the last hearing by completing her
psychological examination; attending outpatient therapy as
recommended; participating in therapy; testing negative on
all drug screens; visiting SH on a consistent basis; and
being employed. The circuit court noted Holdcraft was
considering divorcing SHs father, David Holdcraft. The goal
of the case ...