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

• Decision Date: 05 February 2020
• Docket Number: No. CV-19-638,CV-19-638
• Citation: 595 S.W.3d 59,2020 Ark. App. 91
• Parties: Adela CHAVEZ, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES and Minor Children, Appellees
• Court: Arkansas Court of Appeals

2020 Ark. App. 91

595 S.W.3d 59

Adela CHAVEZ, Appellant

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

No. CV-19-638

Court of Appeals of Arkansas, DIVISION II.

Opinion Delivered: February 5, 2020

Leah Lanford, Arkansas Commission for Parent Counsel, for appellant.

Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad litem for minor children.

WAYMOND M. BROWN, Judge

Appellant Adela Chavez appeals from the order of the Washington County Circuit Court terminating her parental rights to her five children, Y.C. (DOB: 08/02/2012), S.C. (DOB: 10/14/2013), A.H. (DOB: 09/16/2015), E.H. (DOB: 09/16/2015), and J.C. (DOB: 01/06/2017).¹ Although neither is a party to this appeal, the order also terminated the parental rights of Juan Arroyos, father of S.C., and Rosario Herreros, father of twins A.H. and E.H. On appeal, Chavez argues that termination of her parental rights was not in the children’s best interest. We affirm.

On January 9, 2018, the Arkansas Department of Human Services (DHS) opened a protective-services case on the Chavez family following a true finding on allegations that Juan Corona-Mota—Chavez’s boyfriend—had committed sexual offenses against five-year-old Y.C.² On January 16, another report was made for failure to protect, medical neglect, and cuts, bruises, and welts on the children by alleged offenders Chavez and Corona-Mota. The following day, family service workers Monika Isenhower and Paulina Guzman-Rivera conducted a home visit; however, at around that same time, the Fayetteville Police Department arrested Chavez for resisting arrest, assault on an officer, hindering apprehension (of Juan Corona-Mota), endangering the welfare of a minor in the second degree, and endangering the welfare of a minor in the third degree. DHS exercised a seventy-two-hour hold on Y.C., S.C., A.H., and J.C. because Chavez’s arrest left the children with no legal caretaker. E.H. was not in the home at the time of Chavez’s arrest. Following Chavez’s release from the Washington County jail the next day, DHS exercised a seventy-two-hour hold on E.H. when Chavez brought her to the DHS office. An ex parte order for emergency custody was entered on January 22, placing custody of the children with DHS.

In the probable-cause order entered on January 24, the circuit court found that probable cause existed to continue custody of the children with DHS. Specifically, the court found,

It is contrary to the juveniles’ welfare for them to return home to the custody of their mother at this time because there is a pending investigation regarding the mother allowing Juan Corona, who has a TRUE finding of sexual abuse with [Y.C.] as the victim, in her home in the presence of the juveniles. There are concerns about the mother’s ability to protect the juveniles from harm, also what appears to be cigarette burns on her son.

Additionally, the court found that DHS had a history of contact with the family, and "[t]he juveniles are to have NO CONTACT with their mother, Adela Chavez, and given today’s testimony, it is not in children’s best interest to see or visit with mom."

On March 14, 2018, the circuit court adjudicated the children dependent-neglected as a result of sexual abuse, neglect, and parental unfitness. In its detailed and extensive findings, the court stated:

The Court finds by CLEAR AND CONVINCING EVIDENCE, even though the burden is preponderance of the evidence, that all five of these children are dependent-neglected. The Court finds today that Mother placed these children at substantial risk of serious harm as a result of sexual abuse, neglect, and parental unfitness. The Court finds that Mother allowed [Y.C.] to be around a man who was sexually abusing [Y.C.]. The Court finds that based upon all the evidence presented today, Mother knowingly hid out Juan Corona-Mota, knowing that DHS was investigating Mr. Corona-Mota for sexually abusing [Y.C.]. Detective Knotts testified that when he came to the home to find Juan Corona-Mota, Mother denied that he was in the home, but one of the children pointed to the closet. Detective Knotts then came into the home and he testified that Ms. [sic] Corona-Mota was hiding in the closet. The Court notes that the children are more truthful than their mother! The Court notes that FSW Isenhower spoke with Mother and that Mother told her she allowed Juan Corona-Mota to move back into the home because "it was cold" and there was no other place for him to do [sic], DESPITE knowing that Juan Corona-Mota was being investigated for sexually abusing [Y.C.]. The Court finds that there is CLEAR AND CONVINCING evidence that Juan Corona-Mota sexually abused [Y.C.], as CACD has found TRUE against Mr. Corona-Mota for Sex (Oral), Live Sex Acts, Sexual Contact, and Indecent Exposure.

The Court further finds by CLEAR AND CONVINCING evidence, even though the burden is preponderance of the evidence, that Mother has exposed these children to hellish conditions over the past several years. The Court finds that the pictures of [A.H.], admitted into evidence today, shows that [A.H.]’s scars were clearly caused by cigarette burns.

The Court finds that the testimony of Mother was NOT credible. The Court finds that Mother’s testimony about the rash being the reason for the burns on [A.H.] is incredulous.

The Court finds that in addition to Mother getting arrested for assault, endangering the welfare of a minor, and hindering apprehension, while the children were present, Mother put her children through horror, as she allowed a man in the home who was raping Y.C. and her children have extensive cigarette burns. The Court finds that [A.H.] and [E.H.] have been horrifically abused by cigarette burns, and that both [A.H.] and [E.H.] have extensive food insecurities. The Court notes that the testimony of foster parents is that the children feel safe in their foster homes and that they know that nothing is going to happen to them while they're in the foster homes.

The Court also notes for the record that Mother has shown no emotion or remorse for anything that has happened to her children. The Court notes that it is clear today that Mother takes no responsibility for the hell these children have been exposed to.

The Court finds that Mother has subjected these children to aggravated circumstances by clear and convincing evidence, specifically, sexual abuse and extreme or repeated cruelty, evidence by the cigarette burns all over both [A.H.] and [E.H.]. The Court finds that the No Contact order between Mother and the children shall remain in effect as she was sent to jail today for Direct Contempt of Court for interrupting the Court during its’ ruling twice.

In its adjudication order, the court also found Elmer Orellana to be Y.C.’s legal father and Juan Arroyos to be S.C.’s legal father. Orellana was granted supervised visitation with Y.C. Chavez was ordered to cooperate with DHS, inform DHS of her current contact information and any changes to her contact information, undergo a psychological evaluation, participate in individual counseling and follow all recommendations of the counselor, abstain from drug and alcohol use, submit to random drug screens, complete parenting classes, obtain and maintain stable housing and employment, maintain a safe home for herself and the children, demonstrate the ability to protect the children and keep them safe from harm, and maintain contact with her attorney. The children were ordered to remain in the custody of DHS.

In a special review order dated June 22, 2018, on the basis of DNA evidence, the court found Jose Bravo to be J.C.’s biological and legal father. Bravo was granted visitation with J.C. The court increased Orellana’s visitation with Y.C. to include overnights and/or weekends if the ad litem and DHS agreed. On July 18, an order was entered authorizing Y.C. to begin a trial home placement with Orellana. On August 9, the circuit court granted Orellana legal custody of Y.C.³ The custody order also stated, "There shall be NO CONTACT WHATSOEVER between Adela Chavez, mother, and [Y.C.]."

On August 10, the circuit court found that it was in the best interest of the children to enter an order for no-reunification services as to Chavez in response to DHS’s June 22 motion to terminate such services. The circuit court found that DHS had established by clear and convincing evidence that Chavez had subjected the children to aggravated circumstances, such that the children had been abandoned, chronically abused, subjected to extreme and repeated cruelty, Y.C. had been sexually abused, and that there was little likelihood that services to Chavez would result in successful reunification. The court specifically found Chavez’s testimony not credible and ordered that the no-contact order remain in place.

Following the permanency-planning hearing, the circuit court ordered Y.C. to remain in the legal custody of her father, Elmer Orellana; authorized a plan to place J.C. in the custody of his father, Jose Bravo; changed the case goal to adoption; and authorized DHS to file a petition for termination of Chavez’s parental rights as to all five children. The court found Chavez was in partial compliance with the court orders and case plan, noting "that mother failed to regularly attend counseling, maintain and [sic] stable home, maintain stable employment, and demonstrate an ability to protect her children and keep them safe from harm. Mother has not made measurable and sustainable progress." The court further noted that Chavez’s "income is inadequate to support herself, she has not demonstrated good judgment, and has difficulty taking responsibility." Again, Chavez was ordered to have no contact with the children. The court further found Rosario Herreros to be the legal father of twins A.H. and E.H. The court noted that it was in [Y.C.]’s "best interest to change the permanency goal to obtain placement with a fit relative."

On September 18, 2018, DHS filed a petition for termination of...