APPEAL
FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT
[NO. 66FJV-16-374] HONORABLE ANNIE POWELL HENDRICKS, JUDGE
Tina
Bowers Lee, Arkansas Public Defender Commission, for
appellant.
Andrew
Firth, Office of Chief Counsel, for appellee.
Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad
litem for minor children.
RAYMOND R. ABRAMSON, JUDGE
Sumer
Stowell appeals the Sebastian County Circuit Court order
permanently placing her children with their father, Curley
Holden. On appeal, Stowell argues that the circuit court
erred by finding that the placement was in the children's
best interest. We affirm.
On
August 26, 2016, the Arkansas Department of Human Services
(DHS) filed a petition for dependency-neglect concerning
C.H.1 and C.H.2. The petition listed Stowell as the mother
and Holden as the legal father, and it noted that the
children resided with Stowell. In the affidavit attached to
the petition, DHS alleged that (1) Stowell's stepfather
had sexually abused the children in January 2016 and (2)
Stowell's son from another relationship, J.O., had
sexually abused the children in January 2016 and again in
August 2016. DHS proposed a safety plan that would allow the
children to remain in Stowell's custody.
Also on
August 26, the ad litem filed a petition for emergency
custody and dependency-neglect and a motion for no reasonable
efforts. The ad litem alleged that removal of the children
from Stowell's custody was necessary to protect their
health, safety, and physical well-being. The ad litem further
alleged that Stowell had tested positive for methamphetamine
and THC on or about August 17, 2016. The ad litem requested
that the court find that DHS had failed to provide reasonable
efforts to protect the children and to prevent the need for
their removal. The court entered an ex parte order of
emergency custody but reserved a ruling on the
no-reasonable-efforts issue.
The
court held a probable-cause hearing on August 31, 2016, and
it entered an order on October 25. The court found probable
cause for the emergency custody and that DHS had made
reasonable efforts to prevent the removal of the children.
On
October 31, the court held an adjudication hearing and
adjudicated the children dependent-neglected on the bases of
parental unfitness, substance abuse, and sexual abuse. The
court found that both Stowell and Holden were offenders with
respect to the finding of parental unfitness. The court noted
that Holden previously had a true finding for physical abuse
of his nephew in his custody and that the child was in DHS
custody as a result of the finding.
The
court held a review hearing on February 8, 2017. The court
found that the parents had some compliance with the case
plan. As to Stowell, the court found that she had completed
her drug-and-alcohol assessment but had not completed
treatment. The court noted that she had housing and limited
income and that she had regularly visited the children. As to
Holden, the court found that he had stable income, housing,
and transportation. The court ordered that he complete a
psychological evaluation and any recommended treatment,
complete parenting-without-violence classes, resolve his
outstanding criminal charges, and comply with the terms and
conditions of any sentences.
On May
24, the court held a permanency-planning hearing. The court
authorized DHS to obtain a permanent custodian and noted that
Holden had a good relationship with the children and had
visited regularly and appropriately. The court further noted
that Holden was attending parenting-without-violence classes
as required by his sentence for his conviction of physical
abuse of his nephew. The court found his living arrangements
"unconventional with an estranged wife and an estranged
girlfriend, with whom he has two small children and is
pregnant at this time." As to Stowell, the court noted
that she had tested positive for methamphetamine and THC and
that she had moved without informing DHS. The court further
noted that Stowell's diagnostic impression included
bipolar disorder and anxiety disorder, and it found that she
had acted inappropriately during visitations with the
children.
The
court held review hearings on August 23 and October 27. The
court found that Holden had a good relationship with his
children, visited them regularly and appropriately, and
completed his psychological evaluation and
parenting-without-violence course. The court found that the
children could not be safely reunified with Stowell and
authorized DHS to increase Holden's visitation with the
children, including a trial home placement.
On
March 28, 2018, the court held a permanency-planning hearing.
The court found that Holden had appropriate housing, income,
and transportation. The court again noted his
"complicated personal life" but stated that he had
complied with DHS's requests regarding those issues
during visitations with the children. The court noted that
DHS anticipated beginning the trial home placement with
Holden when the school semester ended. The court again found
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