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APPEAL
FROM THE PULASKI COUNTY CIRCUIT COURT, TENTH DIVISION [NO.
60JV-17-879], HONORABLE JOYCE WILLIAMS WARREN, JUDGE
Tabitha McNulty, Arkansas Commission for Parent Counsel, for
appellant.
Callie
Corbyn, Office of Chief Counsel, for appellee.
Chrestman
Group, PLLC, by: Keith L. Chrestman, attorney ad litem for
minor children.
OPINION
MIKE
MURPHY, Judge
Lisa
Whitehead appeals the Pulaski County Circuit Courts order
terminating her parental rights to her two children. On
appeal, she argues that the termination of her parental
rights was not in her childrens best interest. We affirm.
At the
time of the termination, one child was sixteen and the other
was thirteen. On appeal, the crux of Lisas argument is that
termination was not in the childrens best interest because
they did not want to be adopted and wanted to remain
together.
The
Arkansas Department of Human Services (DHS) became involved
with this family in June 2017, when the familys apartment
caught fire. While being interviewed, the children disclosed
that Lisa used drugs in front of them. Lisa admitted using
marijuana and sherm[1] and tested positive for PCP. DHS
opened a protective-services case and made referrals to
provide Lisa with services. The boys went to live with a
cousin, but when the cousin could no longer care for the
children, DHS took a seventy-two hour hold on the juveniles.
In
August 2017, the court found that probable cause existed to
continue custody with DHS, and the children were adjudicated
dependent-neglected the next month. The court found the
children were dependent-neglected and made specific findings
that the mother lacked stable housing, refused services, and
had positive drug screens for PCP and cocaine.
The
case progressed, and while Lisa had some compliance with the
courts orders throughout the case, she was never in full
compliance, and there was never a point in which the children
could be safely placed with her. On December 7, 2018, DHS
filed a petition seeking termination of Lisas parental
rights, alleging the grounds of failure to
remedy,[2] subsequent factors,[3] and
aggravated circumstances.[4]
On
February 27, 2019, the circuit court held a termination
hearing. It heard testimony from Lisa, who testified that at
the time of the hearing, she was staying with a friend, did
not have a job, had used PCP three weeks before the hearing,
and had not completed any of the drug-treatment classes. It
next heard testimony from the caseworker, Lauren Hill. Lauren
corroborated much of Lisas testimony and further testified
that if the boys were returned to Lisa they would be returned
to a "very unstable, unpredictable, and unsafe home
environment." She said that it was extremely important
for the boys to maintain their sibling bond and that they
wanted to reunify with their mother. Lauren further testified
that the older boy was almost seventeen and his consent would
be required for any adoption. She stated that DHS was unable
to find a relative who would assume custody of the boys. A
maternal aunt was willing to take the boys, but DHS was
concerned about the size of her apartment and her suspended
license. The aunt did resolve her license issue, but Lauren
said there was a lack of movement regarding that placement
because the aunt was not returning Laurens calls.
An
adoption specialist also testified. She said that the boys
are adoptable and there are ninety-two families in the
database willing to adopt a sibling group such as theirs. She
also testified that when a child is unwilling to consent, DHS
moves forward with adoption for the other child alone. She
stated that there have been situations in which children do
not want to be adopted but ultimately do consent to an
adoption. She believed there were no barriers to these boys
being adopted.
At the
conclusion of the hearing, the court granted DHSs petition
to terminate Lisas parental rights to her sons on all three
grounds pleaded by DHS. An order was entered to that effect
on March 25, 2019, and Lisa timely appealed. On appeal, she
argues that ...