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APPEAL
FROM THE MADISON COUNTY CIRCUIT COURT [NO. 44JV-17-20],
HONORABLE STACEY ZIMMERMAN, JUDGE
Tabitha McNulty, Arkansas Public Defender Commission, for
appellant Philip Hopfner.
Lightle, Raney, Streit & Streit, LLP, by; Jonathan R. Streit,
for appellant Robin Hopfner.
Andrew
Firth, Office of Chief Counsel, for appellee.
Chrestman
Group, PLLC, by: Keith L. Chrestman, attorney ad litem for
minor children.
OPINION
BART F.
VIRDEN, Judge
In
this termination-of-parental-rights case, both parents,
appellants Robin and Philip Hopfner, separately appeal the
Madison County Circuit Courts order terminating
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their parental rights to JH.[1] The Hopfners argue that
the circuit court erred in its determination because
termination of their parental rights was not in the childs
best interest. We affirm.
I.
Relevant Facts
On
April 3, 2017, the Arkansas Department of Human Services
("Department") filed a petition for emergency
custody and dependency-neglect regarding JH (10/16/14), NP
(03/26/02), and JP (08/01/05).[2] In the affidavit to the
petition, the Department stated that on March 16, 2017, it
received a report of child maltreatment and neglect, and
family service worker Miranda Hall went to the Hopfners home
where she performed a drug screen on Philip, who tested
positive for methamphetamine, amphetamines, MDMA, and THC.
Philip did not appear to be intoxicated at that time. Robin
failed to produce a sample and dropped the test cup in the
toilet. Hall advised the Hopfners to remain drug free and to
clean the home, and she told them that she would be back in a
week to check in. When Hall returned, the home had been
cleaned, and Philip tested negative for all substances. Robin
again dropped her cup in the toilet but produced a clean
sample later, and Hall suspected sample tampering. Hall
advised the Hopfners that she would return in a week.
On
March 27, Hall received word that Robin had become suicidal,
and she went to the Hopfners home where she found Robin
distraught. Philip had driven away with JH without placing
the child in a car seat. A marijuana plant was found in the
home, and Philip was later arrested for manufacturing drugs
and child endangerment. On March 29, 2017, Hall returned to
the home and talked to Robin, who admitted using
methamphetamine and that she used someone elses urine for
the drug test. Robin stated that she knew Philip grew
marijuana in the home and that she believed he had also used
someone elses urine for the drug test. Robin explained that
she had instructed JP and NP to lie to the Department. Hall
obtained text messages between Robin and Philip and the two
older children regarding methamphetamine addiction, selling
drugs, leaving the children alone for long periods of time,
and telling them what to say to the Department. The family
had been involved with the Department since 2006; however, no
true findings of abuse or neglect had ever been made against
the Hopfners.
The
circuit court entered an emergency order on April 3, 2017. In
the order, the circuit court found that the children were
dependent-neglected and that it was contrary to their welfare
to return them to Robins custody due to her drug use and
pending criminal charges.[3] Philip was incarcerated at the time
of removal. On April 6, the circuit court entered a
probable-cause order finding that due to both Philips and
Robins drug use, Philips current incarceration on felony
drug charges
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and parole violation, and Robins instability, it was in the
childrens best interest to remain in Department custody.
Philip was allowed to have visitation, but Robin was ordered
to have no contact with the children. The Department was
ordered to provide services, including drug-and-alcohol
assessment and counseling, and the Hopfners were ordered to
remain sober, attend counseling, submit to assessments,
obtain stable employment, maintain a stable home, demonstrate
the ability to protect their children from harm, resolve all
criminal issues, and remain in contact with the Department
and their attorneys. The juveniles were placed with their
maternal aunt and uncle, Jennifer and Timothy Williams.
On
June 1, the circuit court entered an adjudication order in
which the it found by clear and convincing evidence that JH,
JP, and NP were dependent-neglected. Specifically, the court
found that the Hopfners used illegal drugs and failed to
ensure the childrens safety. The court found that
"mother and father exposed the children to a lifestyle
of drugs," and the two older children had been diagnosed
with PTSD. The court allowed the Hopfners to have visitation
in a therapeutic setting with the approval of the childrens
counselors. The ...