Page 416
APPEAL
FROM THE POINSETT COUNTY CIRCUIT COURT [NO. 56JV-15-104],
HONORABLE RALPH WILSON, JR., JUDGE
Tabitha McNulty, Arkansas Public Defender Commission, for
appellant.
Ellen
K. Howard, Jonesboro, Office of Chief Counsel, for appellee.
Chrestman
Group, PLLC, by: Keith L. Chrestman, attorney ad litem for
minor children.
OPINION
KENNETH
S. HIXSON, Judge
Appellant Tina Marie Williams appeals from the termination of
her parental rights to her daughter K.P., born on 1/18/09,
and her son J.W., born on 4/30/12. Tinas sole point on
appeal is that the trial court erred when it failed to grant
her oral motion for
Page 417
a continuance at the termination hearing. We affirm.
The
proceedings began on October 20, 2015, when appellee Arkansas
Department of Human Services (DHS) filed a petition for
emergency custody of Tinas children. Attached to the
petition was the affidavit of a family service worker stating
that the children were removed from Tinas custody after K.P.
had gone to school with a water bottle, reported by K.P. to
contain her medicine, that tested positive for
methamphetamine. On a subsequent drug screen, Tina tested
positive for methamphetamine and oxycodone, and Tina admitted
using methamphetamine four or five days earlier. The
affidavit indicated that K.P.s father is Christopher Pollard
and J.W.s father is Bruce Williams. On the same day the
petition was filed, the trial court entered an order for
emergency custody of the children. A probable-cause order
followed.
On
November 13, 2015, the trial court entered an adjudication
order adjudicating the children dependent-neglected. Tina was
ordered to cooperate with DHS, complete parenting classes,
maintain stable housing and employment, remain drug free and
submit to random drug screens, submit to a drug-and-alcohol
assessment and follow recommendations, and submit to a
psychological evaluation. The trial court set the case goal
as reunification.
The
case proceeded through multiple review and
permanency-planning hearings. In a permanency-planning order
entered on October 5, 2016, the trial court found that none
of the parents had complied with the case plan or orders of
the court, and the goal of the case was changed to
termination of parental rights and adoption. In a
permanency-planning order entered on October 18, 2017, the
trial court found that Tina had not resolved her
domestic-violence issues, had not completed a
drug-and-alcohol assessment or drug treatment, and had no
stable housing, transportation, or employment. In a review
order entered on February 14, 2018, the trial court found
that Tina had not complied with the case plan, had never
completed a drug-treatment program, and continued to test
positive for methamphetamine. DHS filed multiple petitions to
terminate parental rights, the last of which was filed on
January 19, 2018. There were several continuances, and the
termination hearing was held on August 29, 2018.
At the
termination hearing, DHS represented that all three parents
had been served notice of the hearing. Further discussion
indicated that one of the fathers, Christopher Pollard, had
never participated in the case. The attorney ad litem, DHS,
and the trial court agreed that the termination would not
proceed against the other father, Bruce Williams, because
Bruces attorney was not present.
Tina
was represented by counsel at the termination hearing, and
prior to ...