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APPEAL
FROM THE HOT SPRING COUNTY CIRCUIT COURT [NO. 30JV-16-158],
HONORABLE EDDY EASLEY, JUDGE
Leah
Lanford, Arkansas Commission for Parent Counsel, for
appellant.
Andrew
Firth, Office of Chief Counsel, for appellee.
Chrestman
Group, PLLC, by: Keith L. Chrestman, attorney ad litem for
minor child.
OPINION
LARRY
D. VAUGHT, Judge
Rachel
Chastain appeals the order entered by the Hot Spring County
Circuit Court terminating her parental rights to her daughter
MC (born January 5, 2010). Rachel argues that the circuit
court clearly erred in finding grounds to support termination
and that termination was in MCs best interest. We affirm.
On
November 21, 2016, the Arkansas Department of Human Services
(DHS) filed a petition for emergency custody and
dependency-neglect after removing MC from the custody of her
father Cole Cragg.[1] MC had been living with her father,
his wife Lesley Cragg, and MCs half sister AC.[2] An affidavit
attached to the petition stated that the Cragg home was under
construction and unsuitable to live in, a sex offender was
living in the home, Lesley tested positive for
methamphetamine, and Cole refused drug testing. An ex parte
order for emergency custody of MC was entered November 21.
On
February 2, 2017, an adjudication order was entered finding
MC dependent-neglected due to neglect and parental unfitness
based on Coles stipulation. The court noted that Rachel, as
the noncustodial parent, did not contribute to the
dependency-neglect of MC but that her whereabouts were
unknown and that she was not a fit parent for purposes of
custody.
Rachels first attendance in the dependency-neglect
proceeding is reflected in the circuit courts November 15,
2017 permanency-planning order. In that order, the court
authorized a plan of adoption with DHS filing a petition for
termination of Coles parental rights to MC. While the court
also found that the concurrent goal of permanent custody with
Rachel was appropriate, it further found that Rachel, who had
been living in Washington, had recently moved to Arizona; did
not advise DHS of her new address and phone number; had
little contact with MC over the last several years; and had
not completed a home study. The circuit court appointed
Rachel counsel and ordered her to come to Arkansas to visit
MC.
On
December 29, 2017, the circuit court entered an order
terminating Coles parental rights to MC and AC and Lesleys
parental rights to AC. In this order, the circuit court
ordered DHS to continue reunification services for Rachel,
who attended
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the termination hearing. The court also ordered Rachel to
contact her local state representative and senator to request
that the home study be ...