APPEAL
FROM THE UNION COUNTY CIRCUIT COURT [NO. 70JV-18-14]
HONORABLE EDWIN KEATON, JUDGE
Leah
Lanford, Arkansas Commission for Parent Counsel, for
appellant.
Ellen
K. Howard, Office of Chief Counsel, for appellee.
Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad
litem for minor child.
MEREDITH B. SWITZER, JUDGE
Sonya
Owen appeals the termination of her parental rights to her
son, JN, born on February 19, 2018. Owen's sole point on
appeal is the circuit court erred in not appointing her a
guardian ad litem. We affirm.
I.
Facts
This
case began on February 22, 2018, with a report of suspected
neglect based on concerns that Owen was not feeding newborn
JN enough and that Owen, who is developmentally delayed,
would be unable to care for JN because she is unable to care
for herself. During an interview with the investigator, Owen
stated that prior to JN's birth, she was living with her
boyfriend, Mat Newlin, who is not JN's father and that
JN's father was in prison in Colorado. She believed her
hygiene was perfect with the exception of her teeth, which
she admittedly did not brush every day. She also reported she
and Newlin washed their clothes once a month; she had not
been taking her medication for bipolar disorder and
attention-deficit disorder (ADD) while she was pregnant;
Newlin smoked cigarettes; and she knew how to care for a baby
despite her bipolar disorder and ADD.
One of
the nurses who cared for Owen after JN's birth expressed
concern that Owen was not feeding him enough. When the nurse
told Owen that DHS wanted to watch her feed JN, Owen began
feeding him and began to bond with him. Owen's case
manager stated Owen told her she had used methamphetamine
twice during her pregnancy. The case manager also reported
Owen has three other children, two of whom lived with their
father and one whom she had given up voluntarily; and the
nurses were concerned about Owen's hygiene and her
ability to care for JN.
JN was
released from the hospital on February 23, and DHS placed a
72-hour hold on him based on concern of an immediate danger
to JN's health or physical well-being due to Owen's
mental capacity and inability to care for him and protect him
from harm. An ex parte order for emergency custody was
entered on February 28. On March 27, a probable-cause order
was entered continuing JN in DHS custody because Owen was
unfit to have custody, and JN's health and safety could
not be protected if returned to Owen.
DHS
filed its first petition to terminate Owen's parental
rights on April 2, alleging that Owen had subjected JN to
aggravated circumstances. This petition was denied in an
order filed on July 12, with the circuit court finding DHS
had not proved by clear and convincing evidence Owen had
subjected JN to aggravated circumstances or that it was in
JN's best interest for her parental rights to be
terminated. However, custody of JN was continued with DHS
because the return of custody to Owen was contrary to
JN's welfare.
JN was
adjudicated dependent-neglected in an order filed on May 7.
Owen was ordered to follow the case plan, obey all court
orders, and cooperate with DHS; obtain and maintain stable,
clean, and suitable housing and keep all utilities on; obtain
and maintain stable employment and otherwise provide adequate
income to support JN; complete parenting classes; submit to
random drug screens and test negative on all; not use or
possess any illegal drug; and attend and participate in
counseling.
A
review hearing was held on September 17, and an order was
filed on October 9 continuing custody of JN with DHS. The
order found DHS had made reasonable efforts to provide
services to achieve a goal of reunification but found Owen
had not complied with the case plan and court orders, and
Newlin, with whom Owen was still living, had not cooperated
with DHS. Owen was ordered to do all the things previously
ordered in the adjudication order. A second review hearing
was held on December 17, 2018;[1] the circuit court again found DHS
had made reasonable efforts to provide services to achieve
reunification, but Owen was still not compliant with the case
plan or court orders.
DHS
filed a second petition to terminate Owen's parental
rights on January 9, 2019, alleging two grounds: (1) other
factors or issues arose subsequent to the filing of the
original petition for dependency-neglect that demonstrated
placement of JN in Owen's custody was contrary to his
health, safety, or welfare and that, despite the offer of
appropriate family services, Owen had manifested the
incapacity or indifference to remedy the subsequent issues or
factors or to rehabilitate the circumstances preventing
placement of JN in Owen's custody (Ark. Code Ann. §
9-27-341(b)(3)(B)(vii)(a)(Supp. 2017)); and (2) JN
was subjected to aggravated circumstances (Ark. Code Ann.
ยง 9-27-341(b)(3)(B)(ix)(a)(3)). After a February 8, 2019
hearing, the circuit court terminated Owen's parental
rights to JN in an order filed March 12, finding Owen had
subjected JN to aggravated circumstances and it was in his
best interest for Owen's parental rights to be
terminated. Specifically, the circuit court found the
following: the case had never progressed to a point where DHS
felt comfortable with allowing Owen to care for JN due to her
level of functioning; while Owen had completed parenting
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