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APPEAL
FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO. 72JV-18-263],
HONORABLE STACEY ZIMMERMAN, JUDGE
Dusti
Standridge, for appellant.
Callie
Corbyn, Office of Chief Counsel, for appellee.
Chrestman
Group, PLLC, by: Keith L. Chrestman, attorney ad litem for
minor child.
OPINION
MIKE
MURPHY, Judge
Stephanie Yelvington appeals from the order of the Washington
County Circuit Court terminating her parental rights to her
son, CY. She also appeals the permanency-planning order
changing the goal of the case to termination of parental
rights and adoption. On appeal, she argues that it
Page 876
was error to change the goal of the case to termination and
adoption because she was demonstrating sustainable investment
in the case plan and was making measurable progress. She also
argues that termination of her parental rights was not in
CYs best interest. We affirm.
On
March 13, 2018, the Arkansas Department of Human Services
(DHS) received a call on the child-abuse hotline that
six-year-old CY had been sexually abused by his father, John
Rogers. The call was made by CYs mother from the childs
school because CY disclosed the abuse to school staff, and
the staff gave the mother the option to call, or they would.
Yelvington admitted CY had already told her about being raped
by his father, but she had told CY not to tell anyone. DHS
investigated, and Yelvington said CY had told her "his
daddy had ... made him get on his hands and knees, pulled his
pants down, and stuck his mhm in his butt." Yelvington
knew that Rogers had a true finding against him for sexually
abusing two other children. There had been a protection plan
in place, signed by both Yelvington and Rogers, that provided
that CY would not be allowed to have unsupervised contact
with Rogers.
On
March 15, 2018, DHS exercised a seventy-two-hour hold on CY
based on suspected sexual abuse and Yelvingtons failure to
protect. The case proceeded through emergency,
probable-cause, and adjudication hearings. CY was adjudicated
dependent-neglected due to sexual abuse, neglect, and
parental unfitness. Specifically, the circuit court found
that the allegations in the petition were true and correct
and that "the evidence is horrific, clear and convincing
that John Rogers anally raped [CY]. Stephanie Yelvington
failed to protect [CY] from the sexual abuse by John
Rogers." The circuit court further found that
Yelvington knew of the dangers John Rogers posed but violated
the safety plan.... [CY] told Mother at least twice but
Mother did nothing to stop the abuse and did not call the
police. The Court today finds that Stephanie ... subjected
[CY] to sexual abuse including, aggravated circumstances
under A.C.A. § 9-27-341, for sexual abuse.
The
goal of the case was set as reunification with a concurrent
goal of adoption. Yelvington was ordered to follow the case
plan and court orders and demonstrate the ability to protect
the juvenile and keep him safe from harm. The next hearing
was set as a permanency-planning hearing.
On
June 21, 2018, the circuit court held a permanency-planning
hearing. At that hearing, the court heard from Katie Cuff,
CYs therapist. She testified that CY is progressing in
therapy, has reduced anxiety, and is developing greater
self-esteem in therapy. Rosalinda Medrano, CYs caseworker,
testified next. She testified that the family has a history
with DHS because CY was previously malnourished due to severe
food allergies and an avoidant/restrictive food-intake
disorder. She said that he is thriving since coming into
foster care. Medrano stated that Yelvington is cooperative
and completing all her services. She testified that
Yelvington was diagnosed with an intellectual-development
disorder and that the psychological evaluation provided that
it is "unlikely that Ms. Yelvington will be able to
manage CY on her own as he grows and develops." The
report further provided that Yelvington is "easily
overwhelmed" and "relies on others to take care of
her." Medrano testified that considering all ...