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, Jonesboro, Office of Chief Counsel, for appellee.
Chrestman
Group, PLLC, by: Keith L. Chrestman, attorney ad litem for
minor child.
OPINION
MEREDITH
B. SWITZER, Judge
Sonya
Owen appeals the termination of her parental rights to her
son, JN, born on February 19, 2018. Owens 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 JNs birth, she was living with her
boyfriend, Mat Newlin, who is not JNs father and that JNs
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 JNs 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. Owens 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 Owens 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 JNs health or physical well-being due to Owens 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 JNs health and safety could not be protected if
returned to Owen.
DHS
filed its first petition to terminate Owens 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 JNs 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 JNs 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 Owens 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 Owens 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 Owens
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. §
9-27-341(b)(3)(B)(ix)(a)(3) ). After a February 8, 2019
hearing, the circuit court terminated Owens 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 Owens 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 classes, ...