Page 676
APPEAL
FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO. 72JV-17-557],
HONORABLE STACEY ZIMMERMAN, 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 child.
OPINION
BART F.
VIRDEN, Judge
Page 677
This
is an appeal from the Washington County Circuit Courts order
terminating Chad Castleberrys parental rights to A.C. (born
07/19/17). On appeal, Castleberry asserts that the circuit
court failed to make the required findings under the Indian
Child Welfare Act ("ICWA") in the termination
order. Castleberry also argues that the evidence was
insufficient to support the circuit courts decision that
serious physical and emotional harm would likely result if
A.C. is returned to Castleberrys custody. We affirm.
I.
Relevant Facts
On
July 24, 2017, the Arkansas Department of Human Services
("Department") filed a petition for emergency
custody and dependency-neglect regarding A.C. In the
affidavit attached to the petition, the Department alleged
that A.C.s safety and well-being were in danger because the
mother, Destiny Fletcher, was a flight risk and had a history
of drug abuse. Castleberry was incarcerated at the time. The
Department identified this case as one involving the ICWA.
The Department noted that it had been involved with the
family since 2012 due to inadequate supervision, parental
drug use, inadequate food and clothing, and environmental
neglect. Fletchers and Castleberrys parental rights had
been terminated as to four older children, there was an open
dependency-neglect case for two children, R.C.1 and R.C.2
(both born 08/13/16), and the parents were noncompliant with
the case plan.
The
court entered an ex parte order for emergency custody finding
that it was in A.C.s best interest to remove her from
Fletchers custody. The parents were ordered to cooperate
with the Department, attend the meetings and staffings,
provide the Department with all contact information, remain
sober, submit to drug screening, attend counseling, obtain
stable housing and employment, demonstrate the ability to
protect A.C., maintain contact with their attorneys, follow
all court orders and the case plan, and resolve all criminal
matters. The Department was ordered to provide referrals and
services. Notice of a custody hearing was provided to the
Cherokee Nation of Oklahoma.
On
September 8, 2017, the court entered an adjudication order
finding that neither parent had complied with the case plan
and that both parents were incarcerated at the time of the
order. Castleberry explained that he was incarcerated on
charges of delivery of methamphetamine, possession of
methamphetamine with intent to deliver, and possession of
drug paraphernalia and that he would be released on March 5,
2018. The court found that clear and convincing evidence
supported the determination that
the Department made active efforts to provide remedial and
rehabilitative services designed to prevent the break-up of
the Indian family or that an emergency precluded those
efforts and that continued custody with the parents is likely
to result in serious emotional or physical damage to the
juvenile. The Court finds that [A.C.] is in an ICWA-compliant
placement— a tribal foster home.
The
circuit court entered the permanency-planning order on
January 12, 2018, finding that return to the custody of
either parent was contrary to A.C.s health, safety, and
welfare and that returning the juvenile to the custody of a
parent would likely result in serious physical or emotional
harm to the juvenile. The court found that Castleberry had
not complied with the case plan or orders of the court,
specifically, that he had not participated in ...