Boomhower v. Arkansas Department of Human Services

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          APPEAL FROM THE GREENE COUNTY CIRCUIT COURT [NO. 28JV-17-120], HONORABLE BARBARA HALSEY, JUDGE

         Tina Bowers Lee, Arkansas Public Defender Commission, for appellant Amber Boomhower.

          Katalina Wyninger, Alma, for appellant Mark Hosier.

          Andrew Firth, Office of Chief Counsel, for appellee.

         Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad litem for minor children.

         OPINION

         MIKE MURPHY, Judge

          Appellants Amber Boomhower and Mark Hosier appeal from the November 14, 2018 order of the Greene County Circuit Court terminating their parental rights to their children. Both Boomhower and Hosier challenge the circuit court’s findings on statutory grounds for termination and best interest. We find no error and affirm.

          I. Procedural Facts and History

          Boomhower is the mother of WH (born 11/13/2006), LJ (born 8/10/2008), and MH (born 1/23/2015). Hosier is the legal father of MH and legal custodian of WH. LJ’s legal father is not a party to this appeal. Boomhower and Hosier have a history of involvement with the Arkansas Department of Human Services (Department) dating back to April 9, 2013. In 2014, WH and MH spent three months in foster care,

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and the Department provided the family with various services including cleaning and teaching the parents how to clean. In September 2016, there was a true finding of environmental neglect. When the Department filed its petition for emergency custody, a protective-services case had been open since November 16, 2016, due to environmental neglect.

          On April 7, 2017, the Department exercised an emergency hold on the juveniles and filed a petition for emergency custody and dependency-neglect five days later. In the attached affidavit, the family-service worker averred that since the November 2016 protective-services case was opened, the home remained cluttered, the children continued to miss school, and the children were not assessed for mental-health services. The circuit court entered an ex parte order of emergency custody on April 12. On May 4, the circuit court held a probable-cause hearing, and it found that probable cause existed for the children to remain in the Department’s custody.

          On June 5, 2017, the circuit court held an adjudication hearing, and the parties stipulated to a finding the children were dependent-neglected due to environmental neglect. The circuit court established a goal of reunification. Boomhower and Hosier were ordered to comply with the standard welfare ...