Williams v. Arkansas Dept. of Human Services

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          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. Tina’s sole point on appeal is that the trial court erred when it failed to grant her oral motion for

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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 Tina’s children. Attached to the petition was the affidavit of a family service worker stating that the children were removed from Tina’s 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 Bruce’s attorney was not present.

          Tina was represented by counsel at the termination hearing, and prior to ...