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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.
OPINION
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 childrens
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) Stowells stepfather had
sexually abused the children in January 2016 and (2)
Stowells 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 Stowells 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 Stowells 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
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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,
...