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Glover v. Arkansas Department of Human Services

Court of Appeals of Arkansas, Division II

May 15, 2019

Lynanne GLOVER, Appellant
v.
ARKANSAS DEPARTMENT OF HUMAN SERVICES and Minor Child, Appellees

Page 14

          APPEAL FROM THE LONOKE COUNTY CIRCUIT COURT [NO. 43JV-17-148], HONORABLE BARBARA ELMORE, JUDGE

         Tina Bowers Lee, 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

         WAYMOND M. BROWN, Judge

Page 15

          Appellant appeals from the circuit court’s order terminating her parental rights to B.G.,[1] born 06/13/2017.[2] On appeal, she argues that (1) there was insufficient evidence to support the grounds on which her rights were terminated and (2) termination was not in B.G.’s best interest. We affirm.

         There was already an open protective-services case after there was a true finding for prenatal exposure to B.G. who was born testing positive for amphetamine, benzodiazepine, and buprenorphine. Appellant had also tested positive for THC, amphetamine, benzodiazepine, and buprenorphine.

          A visit was made to appellant’s home to assess the safety of B.G. on September 19, 2017. A call had been made to family services worker (FSW) Jordan Jackson on September 17, 2017, regarding statements appellant made about her being scared to leave B.G. with his father, Joe Franks. During the visit, appellant admitted saying that Franks picked up B.G. and "screamed and yelled into his face until the point that he turns red" and said "[y]our mother loves you more than me; but I love her more than you." However, she asserted that the workers "took it out of context." Additionally, appellant tested positive for "Amp; Bup and Meth." Appellant stated that it was a false positive due to her Adderall medication, but she did not elect to contest the results.

          Appellant then made some calls after which Franks entered the home and an altercation between Franks and the FSWs began. The FSWs called 911 and while they were trying to get to safety outside the home, appellant got in a vehicle with B.G. and left. When appellant left, she left her urine sample in the home out of her sight, so the sample was not able to be contested. Two FSWs followed appellant for about two miles before she returned to the home and went inside. Appellant did not have a valid driver’s license and B.G. was not in a car seat. An Officer Baldwin was at the home when they returned. Unable to get Franks to calm down, to persuade appellant to come out of the house, or to get the FSWs into the home, Officer Baldwin called for assistance, and Sergeant Page arrived shortly thereafter.

          Once the FSWs gained entry into the house with the assistance of law enforcement and waited on appellant to gather B.G.’s things, appellant was advised by law enforcement that she needed to turn B.G. and his things over to the FSWs. Appellant declined to do so asserting that she had to call her father. Officer Baldwin then made appellant give B.G. and his things to Sergeant Page, who in turn gave the same to FSW Sharlow. A seventy-two-hour hold was placed on B.G.

          The Arkansas Department of Human Services (DHS) filed a petition for ex parte emergency custody and dependency neglect on September 20, 2017, alleging that B.G. was dependent neglected as a result of neglect and parental unfitness. An ex parte order granting the petition was entered on September 21, 2017.

         A probable-cause order was entered on September 28, 2017. It noted that the parents

Page 16

stipulated to the existence of probable cause for B.G.’s removal. DHS was ordered to arrange one hour of supervised visitation three times a week and two hours of supervised visitation on Saturday at the discretion of the foster parents, who were to supervise the visitation "within sight and sound[.]" Appellant was ordered to participate in a number of services at DHS’s expense, including but not limited to individual and family counseling; and random drug screens. She was also ordered to remain drug free; complete a drug-and-alcohol assessment, following its recommendations; and maintain stable housing and stable income. A CASA volunteer was appointed to the case as well. Chris ...


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