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

2020 Ark. App. 457

610 S.W.3d 688

Jasmine THOMAS, Appellant

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

No. CV-20-272

Court of Appeals of Arkansas, DIVISION IV.

Opinion Delivered: October 7, 2020

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

One brief only.

RITA W. GRUBER, Chief Judge

Counsel for Jasmine Thomas brings this no-merit appeal from the Pulaski County Circuit Court's order entered on January 28, 2020, terminating her parental rights to her three children, JT1 (born 7/23/2015); JT2 (born 9/10/2017); and JT3 (born 3/24/2019). Pursuant to Linker-Flores v. Arkansas Department of Human Services , 359 Ark. 131, 194 S.W.3d 739 (2004), and Arkansas Supreme Court Rule 6-9(i), her counsel has filed a no-merit brief setting forth all adverse rulings from the termination hearing and asserting that there are no issues that would support a meritorious appeal. Counsel has also filed a motion asking to be relieved. The clerk of this court sent a copy of the brief and motion to be relieved to appellant, informing her that she had the right to file pro se points for reversal under Arkansas Supreme Court Rule 6-9(i)(3). She has filed no points. We grant counsel's motion to withdraw and affirm the order terminating appellant's parental rights.

The Arkansas Department of Human Services (DHS) became involved with Thomas on July 9, 2018, after JT2 was taken to the hospital suffering from seizures. At the hospital, JT2 tested positive for "cannabinoids." DHS offered services, including making a referral for drug-and-alcohol assessment and counseling services. Over the next three months, Thomas tested positive for drugs, was evicted from her home, and lived with various relatives and in a shelter.

On December 9, 2018, DHS received another call of neglect regarding the family after JT2 was again taken to the hospital for seizures and tested positive for THC. After this incident, Thomas took her children and enrolled in Arkansas Cares for treatment, but on December 25, DHS was alerted that Thomas had expressed a desire to leave the program. On December 26, DHS received hair-follicle tests for JT1 and JT2, who were both positive for drugs: JT1 for methamphetamine and JT2 for THC, methamphetamine, and cocaine. Thomas was discharged from treatment without completing the program, was homeless, and had no suitable place for her children, prompting DHS to exercise an emergency seventy-two-hour hold on the children. In an order entered March 25, 2019, the children were adjudicated dependent-neglected as a result of parental unfitness due to parental instability and drug use. Thomas was ordered to submit to a drug-and-alcohol assessment and follow any recommendations, complete a psychological evaluation and follow the recommendations, submit to random drug and alcohol screens, participate in parenting classes, and maintain stable and appropriate housing. On March 24, 2019, JT3 was born. Both Thomas and JT3 tested positive for methamphetamine at the birth, and DHS exercised an emergency hold on JT3. This child was adjudicated dependent-neglected on August 22, and the case was consolidated with the case involving JT1 and JT2.

In a review order entered on June 18, the court referenced a report showing that Thomas had several negative drug screens in February and March and three positive drug screens in March and May. The court also found that Thomas attended a psychological evaluation but was "less than fully cooperative with the process" and declined to complete several assessments designed to provide information regarding her personality and psychopathology. The court found Thomas had no income, had been living "couch to couch" with various people throughout the case, and had made no material progress to find stable and appropriate housing for her children.

On September 17, the court held a permanency-planning hearing. Thomas failed to appear. A report of Thomas's drug screens was introduced demonstrating two negative screens and three positive screens—June 18 for methamphetamine and amphetamine, August 2 for methamphetamine, and August 30 for cocaine, codeine, PCP, methamphetamine, amphetamine, and THC. The court found that Thomas had failed to make any material progress, continued to lack stability, continued to use drugs, and had failed to remediate the conditions that caused removal of her children. The court found by clear and convincing evidence that Thomas had subjected the children to aggravated circumstances in that it was unlikely that services to the family would result in successful reunification within a reasonable period of time. The court also ordered DHS to make arrangements for an updated home study on the home of JT1's paternal grandmother if she timely asked for one.¹ The court also stated that for the grandmother to be considered as a placement for JT1, she would be required to submit to a psychological evaluation.

DHS filed a petition for termination of parental rights on October 14, and the circuit court granted the petition in an order entered January 28, 2020, finding that DHS had proved the failure-to-remedy ground as to JT1 and JT2 and had proved the subsequent-factors ground and the aggravated-circumstances ground as to all three children. The court also found that DHS had proved by clear and convincing evidence that termination was in the children's best interest.

We review termination-of-parental-rights cases de novo. Tribble v. Ark. Dep't of Human Servs. , 2015 Ark. App. 535, at 2, 2015 WL 5770139. At least one statutory ground must exist, in addition to a finding that it is in the child's best interest to terminate parental rights; these must be proved by clear and convincing evidence. Ark. Code Ann. § 9-27-341 (Supp. 2019). Clear and convincing evidence is that degree of proof that will produce in the fact finder a firm conviction as to the allegation sought to be established. Anderson v. Douglas , 310 Ark. 633, 839 S.W.2d 196 (1992). The appellate inquiry is...