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APPEAL
FROM THE CRAWFORD COUNTY CIRCUIT COURT [NO. 17JV-17-173],
HONORABLE MICHAEL MEDLOCK, JUDGE
Tabitha McNulty, Arkansas Public Defender Commission, for
appellant.
Ellen
K. Howard, Jonesboro, Office of Chief Counsel, for appellee.
Chrestman
Group, PLLC, by: Keith L. Chrestman, attorney ad litem for
minor children.
OPINION
LARRY
D. VAUGHT, Judge
Patricia Bratton appeals the Crawford County Circuit Courts
order terminating her parental rights to her two children,
E.B. and N.B. She challenges the sufficiency
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of the evidence to support the courts finding that
termination was in the childrens best interest. We affirm.
The
Arkansas Department of Human Services (DHS) began
investigating Bratton for child maltreatment when N.B. tested
positive for amphetamines at birth in May 2017. Following the
birth, DHS could not locate Bratton and her children until
September 18, 2017. When DHS made contact with Bratton, she
appeared to be hungover, was slurring her words, and had
bloodshot eyes. She was living with her boyfriend, Jack
Thomas. A drug screen administered to Bratton on September 18
revealed abnormal results based on its "lack of
temperature." DHS was unable to observe N.B. that day
because she was being cared for by a babysitter who was
identified as Brattons friend, Meadow. Brattons older
daughter, E.B., told DHS that she wanted to go live with her
"Nana." DHS set a follow-up meeting for September
20, 2017.
Bratton was an hour late for the September 20 meeting and
failed to bring E.B. and N.B. as instructed. Bratton tested
positive for methamphetamine on this date. Bratton then took
DHS employees to observe the children, who were again at
Meadows house. The employees found Meadows home to be
extremely hot. Meadow and two men were frantically trying to
clean the house and shut doors to various rooms. DHS informed
Bratton that Meadow was not an appropriate babysitter. DHS
scheduled a follow-up meeting for October 10, 2017.
Before
that meeting occurred, DHS was informed on September 22, that
E.B. had been coming to school hungry and with head lice and
that she had been touching herself inappropriately at school.
E.B. was absent from school on the day the report was made to
DHS. On the same day, law enforcement requested DHSs
assistance because N.B. had again been left at Meadows home.
When DHS arrived at Meadows house, they found N.B. left
alone in the care of a man named Austin Uselton, who was
under the influence of drugs at the time, had drug
paraphernalia around N.B., and had pending drug-related
criminal charges.
DHS
then exercised an emergency hold on both children, and the
circuit court signed an ex parte order for emergency custody
a few days later. On October 2, 2017, the circuit court held
a probable-cause hearing at which it found that removal was
warranted and that it was necessary for the children to
remain in DHS custody. On November 2, the court adjudicated
the children dependent-neglected following the parties
stipulation as to Brattons parental unfitness due to her
continued use of alcohol and drugs and her history of leaving
the children with inappropriate caretakers. The court found
DHSs allegations in its original petition to be true and
correct, and it found that Roger Blasingame is the legal
father of E.B. The court set concurrent case goals of
reunification and relative placement. It ordered Bratton to
comply with the courts orders and follow the case plan.
On
February 1, 2018, the court held a review hearing and found
that both children had been placed together in foster care
and that Bratton had only partially complied with the case
plan. She visited the children regularly and maintained
contact with DHS but had tested positive on drug screens and
missed counseling sessions. The court also had concerns about
Brattons housing because she lived with unknown, unrelated
individuals. The court ordered her to complete parenting
classes, follow all ...