Collier v. Ark. Dep't of Human Servs. & Minor Children

2022 Ark. App. 100

641 S.W.3d 67

Christy COLLIER, Appellant

v.ARKANSAS DEPARTMENT OF HUMAN SERVICES and Minor Children, Appellees

No. CV-21-447

Court of Appeals of Arkansas, DIVISION IV.

Opinion Delivered March 2, 2022

Tabitha McNulty, Arkansas Commission for Parent Counsel, for appellant.

Ellen K. Howard, Jonesboro, Ark. Dep't of Human Services, Office of Chief Counsel, for appellee.

Dana McClain, Little Rock, attorney ad litem for minor children.

BART F. VIRDEN, Judge

The Logan County Circuit Court terminated appellant Christy Collier's parental rights to her three children, V.E. (born in 2006); A.E. (born in 2008); and K.B. (born in 2015). On appeal to this court, Collier argues that the trial court erred (1) in finding grounds for termination; (2) in finding that termination was in her children's best interest; and (3) in denying her motion for a continuance of the termination hearing. We affirm.

I. Background

On December 6, 2019, the Arkansas Department of Human Services (DHS) was notified that Collier's children were at the Logan County Sheriff's Department because they had called the police after Collier's cousin, with whom she had left her children, tried to run over them with his vehicle. DHS filed a petition for emergency custody. Attached to the petition was an affidavit in which a family service worker ("FSW") attested that Collier and her children had been living with Collier's aunt and that Collier's cousin and his girlfriend also lived there. Collier had left her children around Thanksgiving to meet with a man whom she had met through an online-dating service. She had been gone for two weeks during which time she had no contact with her children. In the affidavit, the FSW set forth an extensive history that Collier had with DHS, including numerous unsubstantiated allegations from 2006 through 2019; a differential response (DR) case in March and April 2019 for environmental neglect involving Collier and all three minors; DR cases in February 2015 and in June 2016, both for inadequate supervision; true findings for inadequate supervision in July 2006, August 2016, and March 2017; and protective-services cases from July 2008 to August 2009 (environmental neglect); from August 2009 to October 2012 (concerns regarding mother's drug use); and from October 2016 to March 2018 (inadequate supervision due to mother's drug use). The father of V.E. and A.E. was identified as Shawn Ellingburg, who was incarcerated at the time of the children's removal from Collier's custody. K.B.’s father was said to be James Moore because he was married to Collier at the time of K.B.’s birth. Moore is deceased.

DHS exercised an emergency hold on the children, and the trial court later found probable cause for granting emergency custody to DHS. The children were adjudicated dependent-neglected based on Collier's neglect, specifically, her inadequate supervision, her drug use, and her failure to care for and protect her children. The trial court set the goal as reunification and ordered Collier to obtain and maintain stable housing, income, and transportation; submit to random drug screens; attend parenting classes and counseling; submit to a drug-and-alcohol assessment and comply with recommended treatment; submit to a psychological evaluation and follow the recommendations; obtain and maintain sobriety; resolve any pending criminal issues; participate with homemaker services; keep DHS informed of her contact information and any significant life events; and visit the children as recommended.

The trial court held a review hearing in June 2020 at which it found that Collier had not complied with the case plan and court orders. At another review hearing in September, she was found to be in partial compliance. The trial court noted that Collier had been discharged from drug treatment due to a physical altercation and that she had not yet obtained stable housing, income, and transportation. The trial court added to the previous orders that Collier complete "SWS" inpatient drug treatment.

In December 2020, a permanency-planning hearing was held at which the trial court found that Collier had just begun to comply with services. The trial court found that, while Collier still did not have stable housing, income, and transportation, she had submitted to drug treatment. The trial court continued the goal of reunification and noted that Collier had made significant, measurable progress in that she was doing well at Gateway Recovery Center and that she planned to transition into an aftercare program that would assist her with obtaining housing and employment.

In April 2021, a fifteen-month review hearing was held at which the trial court changed the goal from reunification to adoption following termination of parental rights. The trial court found that Collier's compliance had significantly changed since the permanency-planning hearing. While Collier had completed the SWS drug-treatment program, she had not complied with outpatient treatment and had left the Crisis Intervention Center (CIC) early. Collier admitted that she had used methamphetamine in February 2021. She did not have her own transportation and was not employed. She had, however, rented an apartment and was waiting for HUD (Housing and Urban Development) approval. The trial court noted that the siblings were not placed together; that V.E. was in a treatment program because she required a higher level of care; that A.E. was in a therapeutic foster home; and that K.B. was in a foster home where he was doing well.

DHS filed a petition to terminate Collier's parental rights to all three children and Ellingburg's parental rights to V.E. and A.E. As to Collier, DHS alleged three grounds: one-year failure to remedy; subsequent factors; and aggravated circumstances. A termination hearing was held on June 2, 2021. The trial court continued the hearing until July 7 as to Ellingburg because of a service issue and denied Collier's motion for a continuance.

II. Termination Hearing

Collier testified that she was working two part-time jobs making around $200 a week. She said that she was working at Cleaning and Organizing by Design "again" and for her "mentor," Drew Holmes, at his barbershop. She had started the cleaning job one week before the termination hearing and had started working at the barbershop two or three weeks prior. Collier stated that she has a driver's license but that it has been suspended because she owes fines. Collier claimed that she had secured an apartment and had been living there for four months. She conceded that DHS had paid the deposit for the apartment and utilities and had been paying the rent; however, she insisted that she could pay the rent going forward because she was working and waiting for her disability benefits. Collier, age forty-two, testified that she began using methamphetamine and marijuana at the age of eighteen. She claimed to have been sober for ten years starting in 2010. She said, however, that she had relapsed when she lost her husband and her home in October 2019. Collier testified that DHS had failed to provide transportation for her to counseling appointments on three occasions. She admitted that, in the week before the termination hearing, she had refused a drug screen by DHS but explained that she had gotten aggravated when DHS was late picking her up for a counseling appointment.

Holmes confirmed that Collier did some housekeeping and filing for him at his barbershop. Holmes also described his experience with addiction issues and said that Collier was "taking leaps and bounds and towards the right direction" and that she was "committed to living a clean and serene life." Holmes admitted that he had known Collier for a little over a month.

FSW Sandra Anderson testified that Collier had tested positive for methamphetamine, amphetamines, and THC when the case started and that she had not begun complying with services until well into the case. Anderson confirmed that DHS had been paying rent for Collier's apartment. Anderson said that, after Collier had completed drug treatment at Gateway, she transitioned to CIC, which could have helped her with housing, employment, and therapy, but that Collier had left early because she thought that the program was "a joke." Anderson said that Collier tested positive for methamphetamine and THC after leaving CIC but that Collier had gone back to drug rehabilitation. Anderson said that Collier had referred to herself as "a chronic relapser." She said that Collier had just finished a twenty-eight-day drug-treatment program three weeks prior to the termination hearing but that she had refused a drug screen right before the termination hearing; however, Collier's drug test on the day of the termination hearing was negative.

Anderson testified that V.E., A.E., and K.B. are adoptable. She described them as really good kids, who have nice personalities and are in fine physical health. She said that, although V.E. had been in two mental-health facilities because she had been suicidal, she is better now. Anderson said that V.E. is currently in a qualified residential treatment placement ("QRTP"), that she is doing well there, and that being in a QRTP will not prevent her from being adopted. She said that A.E. has some anger issues over being in foster care but that anger is normal for kids in the foster-care system.

After hearing testimony, the trial court terminated Collier's parental rights on three grounds under Ark. Code Ann. § 9-27-341(b)(3)(B) (Supp. 2021): (i)(a ) (one-year failure to remedy); (vii)(a ) (subsequent factors); and (ix)(a )(3 )(B )(i ) (aggravated circumstances—little likelihood that services will result in reunification). In considering adoptability, the trial court noted that the children are physically healthy and have good personalities. The trial court noted that V.E. had some mental-health issues but found that she had benefited from counseling. The trial court also considered the potential...