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APPEAL
FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT
[NO. 66FJV-15-457], HONORABLE LEIGH ZUERKER, JUDGE
Tabitha McNulty, Arkansas Public Defender Commission, for
appellant.
Callie
Corbyn, Office of Chief Counsel, for appellee.
Chrestman
Group, PLLC, by: Keith L. Chrestman, attorney ad litem for
minor children.
OPINION
LARRY
D. VAUGHT, Judge
Jennifer Wright appeals the order entered by the Sebastian
County Circuit Court terminating her parental rights to three
of her children, BW (born April 11, 2003), AW (born May 31,
2005), and EW (born June 30, 2007). On appeal, Wright
contends that the circuit court clearly erred in finding that
statutory grounds supported termination and that termination
was in her childrens best interest. We affirm.
On
September 13, 2015, the Arkansas Department of Human Services
(DHS) exercised a seventy-two-hour hold on Wrights four
children— JR (born December 30, 2000), BW, AW, and
EW[1] — based on allegations that
Wright slapped JR in the face during an argument about a lack
of food in the home. DHS filed a petition for emergency
custody alleging that the juveniles were dependent-neglected
due to abuse, neglect, and parental unfitness. The affidavit
of a DHS caseworker accompanying the petition stated that
there was very little food in the home, Wright admitted
striking JR, Wright was arrested for
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third-degree domestic assault, and she admitted using
marijuana. The circuit court entered an ex parte order of
emergency custody.
Following an adjudication hearing, the circuit court found
that the children were dependent-neglected due to neglect and
parental unfitness. The circuit court continued the custody
of the children with DHS and established reunification as the
goal of the case. Wright was ordered to maintain stable
housing, income, and transportation; complete parenting
classes; complete a drug-and-alcohol assessment and follow
any recommendations from that assessment; submit to random
drug screens; resolve her criminal issues; visit the children
regularly; and take her medication as directed.
Review-hearing orders were entered in December 2015 and May
and August 2016. In these orders, the circuit court found
that Wright was complying with the case plan in that she had
maintained stable housing, income, and transportation;
completed parenting classes; visited BW, AW, and EW;
submitted to random drug testing and two hair-follicle tests;
resolved her criminal issues; and attended a psychological
evaluation. She was ordered to take her medications, continue
counseling, and obtain her drivers license. In these orders,
DHS was found to have made reasonable efforts to achieve the
goal of reunification by referring Wright for a psychological
evaluation and a drug-and-alcohol assessment; referring the
children for counseling and PACE evaluations; and providing
clothing vouchers, transportation, medical services, and
visitation. Reunification remained the goal of the case.
A
permanency-planning order was entered by the court on
September 27, 2016, wherein the court found that Wright had a
home, income, and transportation; completed parenting
classes; attended a drug-and-alcohol assessment; attended
group therapy; and submitted to drug screens. The court
further found that Wright needed to obtain a drivers
license, continue group therapy, visit the children, take her
medication as directed, and continue participating in JRs
therapy. The court stated that Wright needed budgeting
assistance and ordered DHS to assist with that need.
In
December 2016, DHS recommended that Wright have a trial home
placement with BW, AW, and EW. In February 2017, the circuit
court entered a fifteen-month review order wherein the court
found that Wright had housing, income, a drivers license,
and transportation; tested negative on drug screens; and
completed parenting classes and a drug-and-alcohol
assessment. Wright was directed to participate in counseling
with JR as recommended and obtain tags for her vehicle. DHS
was ordered to assist with obtaining Wrights medication.
Reunification remained the goal of the case, but the court
also found that concurrent planning in the form of Another
Planned Permanent Living Arrangement (APPLA) was appropriate
for JR. The circuit court found that DHS had made reasonable
efforts to finalize a permanency plan for BW, AW, and EW.
In an
April 2017 review order, the circuit court ended the trial
home placement of AW because of concerns about AWs behavior
and the risks it posed for both her and Wright if AW remained
in the home. The court found that AW and JR should continue
in the custody of DHS but that BW and EW would remain in
Wrights custody. The circuit court determined the case goal
was "family preservation" for BW and EW,
reunification for AW, and APPLA for JR. The court found that
DHS had made reasonable efforts ...