Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dye v. Arkansas Department of Human Services

Court of Appeals of Arkansas, Division IV

January 15, 2020

MIRANDA DYE, APPELLANT
v.
ARKANSAS DEPARTMENT OF HUMAN SERVICES AND MINOR CHILD, APPELLEES

          APPEAL FROM THE WASHINGTON COUNTY CIRCUIT COURT. [NO. 72JV-18-224]. HONORABLE STACEY ZIMMERMAN, JUDGE.

         COUNSEL:

          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.

          ROBERT J. GLADWIN, Judge. VIRDEN and VAUGHT, JJ., agree.

         OPINION

Page 255

          ROBERT J. GLADWIN, Judge

          Miranda Dye appeals the order terminating her parental rights to her daughter, MC. On appeal, she argues that the circuit court's best-interest finding was not supported by sufficient evidence. We affirm.

          I. Facts and Procedural History

          This case began on March 2, 2018, with the Arkansas Department of Human Services (DHS) petitioning for emergency custody and dependency-neglect of MC, born September 26, 2017. An affidavit attached to the petition alleges that police had been called to the home of Miranda Dye and Lance Cooksey, MC's father, due to a domestic altercation.[1] Lance was arrested as a result of the dispute, and Miranda was cited for endangering the welfare of a minor. M.C. was placed in DHS custody on a seventy-two-hour hold because the residence, a fifth-wheel-type RV trailer, was filthy: dirty dishes were on the counters, floors, and stacked alongside the bed; and the bathroom toilet was filled with urine, and there was a bucket of urine sitting alongside the toilet. Also, Miranda submitted to a drug screen, which was positive for amphetamines, methamphetamine, and THC.

          The circuit court signed an ex parte order granting custody to DHS, and on March 9, the court found probable cause existed that it was contrary to MC's welfare to return custody to Miranda. The court found that the parents had neglected M.C.'s home environment and that they had inadequately supervised M.C. due to substance abuse. MC was placed with Teresa Genz, a paternal aunt. Both parents were ordered, among other things, to cooperate with DHS and submit to weekly random drug screens.

          An adjudication order was filed April 19, 2018, finding that MC was dependent-neglected as a result of parental unfitness. The court ordered that MC remain in DHS custody and that the goal of the case was reunification with her parents. Lance was ordered to pay $50 a week child support to Teresa Genz, and Miranda was ordered to contribute " once she gets a job." The court also noted that the caseworker testified that the parents' home had been cleaned and was safe and appropriate.

         A review hearing was held on September 12, and custody remained with DHS. MC had been placed in foster care with Cassie and Cody Julich, Lance's niece and her husband, and the court found that this placement was in MC's best interest.[2] The goal remained reunification with the parents. Miranda was found to have complied with all of the court orders and the case plan, and the court found that she had made much progress toward alleviating the causes of removal.

          However, after a permanency-planning hearing on February 6, 2019, the court authorized a plan for adoption with DHS to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.