Jennings v. Ark. Dep't of Human Servs.

2021 Ark. App. 429

636 S.W.3d 119

Shawna JENNINGS, Appellant

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

No. CV-21-194

Court of Appeals of Arkansas, DIVISION III.

Opinion Delivered November 3, 2021

Rehearing Denied November 17, 2021

Rehearing Denied December 1, 2021

Jennifer Oyler Olson, Arkansas Commission for Parent Counsel, for appellant.

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

Janet Lawrence, attorney ad litem for minor child.

MIKE MURPHY, Judge Appellant Shawna Jennings appeals from the Washington County Circuit Court's termination of her parental rights to her child, L.J. (DOB: XX-XX-XXXX). On appeal, Jennings argues that the termination order was not supported by sufficient evidence. She challenges both the circuit court's statutory and best-interest findings. We affirm.

On September 10, 2019, Jennings was arrested for possession of a controlled substance and endangering the welfare of a minor during a traffic stop at 4:49 a.m. On September 11, the Arkansas Department of Human Services ("DHS") exercised a seventy-two-hour hold on L.J. because there were no legal caretakers to prevent L.J. from going into foster care. On September 16, in addition to DHS's filing a petition for ex parte emergency custody and dependency-neglect as to L.J., it filed a petition for an ex parte emergency order for protection as to L.J.’s older siblings, S.J. (DOB: XX-XX-XXXX) and A.M. (DOB: XX-XX-XXXX). DHS was granted emergency custody of L.J., and the court placed S.J. and A.M. in the custody of Adam McLendon, A.M.’s father. The circuit court later adjudicated the juveniles dependent-neglected due to Jennings's neglect and parental unfitness. The court found that the children would remain in their current custodial arrangements and set the goal as reunification with a concurrent goal of adoption or guardianship with a fit and willing relative. Among other directives, Jennings was ordered to enter and complete a residential treatment facility for substance abuse. The adjudication order also noted,

The Court finds that DHS has been involved with the family since May 21, 2007 and that the following services, as outlined in the affidavit, were provided to the family: psychological evaluation, individual counseling, and drug/alcohol assessment. These services did not prevent removal due to the fact that the mother was arrested on September 10, 2019 for Possession of a Controlled Substance and Endangering the Welfare of a Minor. The Court finds that the efforts made to prevent removal of the juveniles were reasonable based on the family and juveniles’ needs

On April 14, 2020, the court entered a review order. The court found that Jennings had not demonstrated stability and sobriety such that she could safely parent the juveniles. On August 10, the court entered a permanency-planning order. The court awarded permanent custody of A.M. and S.J. to Adam McClendon. Concerning L.J., the court changed the goal of the case to adoption and termination of Jennings's parental rights. The court found,

Mother has complied with some of the court orders and the case plan. Specifically, the mother has completed residential treatment and has attended some counseling (attending once per month), and mother is currently employed. The mother has NOT: maintained contact with DHS, submitted to weekly random drug screens, attended visits consistently, demonstrated sobriety, maintain stable housing, and has not demonstrated the ability to protect the children and keep them safe from harm. Mother has not been stable in her housing or employment throughout this case. The testimony today is that Mother is in a ladies’ living arrangement through drug court. Through her own admission, Mother states that she just used drugs in May of 2020. Further, Mother's parole officer testified that she was not compliant when he supervised her. Even if Mother were in full compliance today, the court would have to find that the juveniles could return to Mother within three months. That cannot happen due to the bad choices made by Mother. Mother would have to show stability longer than three months before the children could be safely returned to her.

On September 9, DHS filed a petition for termination of parental rights alleging that termination was in L.J.’s best interest and citing statutory grounds of failure to remedy cause of removal, failure to remedy subsequent factors, and subjecting the child to aggravated circumstances. See Ark. Code Ann. § 9-27-341(b)(3)(B)(i)(a) , (vii)(a) & (ix)(a)(3)(A) (Supp. 2021). The court granted Jennings's request for a continuance because the presiding judge was diagnosed with COVID-19, and Jennings did not want a special judge to hear the case. The hearing was called via Zoom on December 3 and was again continued due to Jennings's request for a new attorney. Jennings testified that there was miscommunication with her current attorney and that she "simply [didn't] feel comfortable" with her.

On January 7, 2021, the court conducted the termination hearing via Zoom. K.C. Oliver, the DHS caseworker throughout the case, testified that Jennings had been in and out of jail a couple of times throughout the course of the case and that Jennings lacked stability. Oliver testified that she was concerned with Jennings's romantic involvement with a man named Louis Csak. She testified that Jennings missed several drug screens and did not consistently submit to them until June 2020. Oliver testified that while Jennings completed drug treatment, she tested positive for meth after she got out of rehab and then she went to jail for parole violations. She testified that Jennings did not complete parenting classes until the final hour; she completed an hour of parenting classes on October 20, 2020—two days before the first scheduled termination hearing. Oliver testified that Jennings did not get her own place to live until December 2020. Oliver did not believe that L.J. was bonded with Jennings or that Jennings had the ability to protect L.J. and keep her safe from harm. Oliver testified that she was concerned because Jennings did not do anything for the first nine months of the case, and it took her going to jail and being threatened with prison in order for her to make positive progress.

Next, Jennings testified. She said that she lives in an apartment that she has had since December 2020 and that she is not in any romantic relationships. She testified that she last had contact with Csak in October 2020. She said that the last time she used illegal drugs was May 6, 2020. She explained that it is her personal choice to stay clean and not because she faces time in prison. She testified that she has worked at Goodwill since August 24, 2020. Jennings acknowledged that S.J. and A.M. had been in foster care after S.J. tested positive at birth for illegal drugs but testified that she had followed the case plan, and the children had returned to her custody. Jennings testified that she wanted L.J. back in her custody but thought a transition period would be best.

Chris Ramey, Jennings's parole officer from June 2019 until she started drug court in June 2020, testified that Jennings had just been released from parole prior to the traffic stop that initiated this case. He explained that she was on a GPS monitoring system, and shortly after being released, she was back to doing drugs.

Rachel Jarchow testified that Jennings is her client in drug court and that she has about eight more months to complete the requirements of drug court. She testified that Jennings has done "phenomenal" and that she believes Jennings can overcome her past because she has now surrounded herself with a great support system.

Tim McLaughlin, who is also working with Jennings through drug court, testified to her progress in the program and how she stands out for working the program so well. He said that she is on track to do well and maintain sobriety.

Egypt Tramble, Jennings's current probation officer, testified that she has been doing great and that she has not had any positive drug tests since she started submitting to them in June. She testified that Jennings is maintaining her financial obligations, is prompt, and communicates well; and Tramble has not had any issues with her.

Marty Hausam, the reentry program manager for Goodwill Industries of Arkansas, testified that Jennings applied for the Transitional Employment Opportunity program in August 2020. He explained that it is a sixteen-week paid training program that clients apply for, and they are assigned case managers to work with them on life skills and employment skills. He testified that Jennings has a good work ethic and has made great progress in the program.

Kathleen Housely, a licensed professional counselor, testified that she worked with Jennings in 2007—the first time DHS was involved with her family. Housely testified that she has most recently worked with Jennings since March 2020. Housely spoke to her progress and that Jennings is utilizing community resources. She testified that Jennings is sincere in her efforts and has been sober since May 2020.

Jennifer Peterson, the CASA volunteer on this case, testified that over the past sixteen months, Peterson had contact with Jennings only twice despite trying to meet with her several times. Peterson testified that L.J. is experiencing stability and that it has brought about a remarkable, positive change.

Last, the current foster mom testified that L.J. is doing great in her care and that she would be a permanent-placement option if the court terminated Jennings's rights.

On February 5, 2021, the court entered an order terminating Jennings's parental rights finding that all three grounds pleaded in the petition supported termination. The court further found it was in L.J.’s best interest to terminate Jennings's rights. Specifically, the court found that L.J. is adoptable and that her foster parents wish to adopt...