Cite as 2024 Ark. App. 458 ARKANSAS COURT OF APPEALS DIVISION II NO. CV-24-225
CASSANDRA ARMENTO Opinion Delivered September 25, 2024
APPELLANT APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, EIGHTH V. DIVISION [NO. 60JV-22-279] ARKANSAS DEPARTMENT OF HUMAN SERVICES AND MINOR HONORABLE TJUANA BYRD MANNING, CHILDREN JUDGE
APPELLEES AFFIRMED
KENNETH S. HIXSON, Judge
Appellant Cassandra Armento appeals after the Pulaski County Circuit Court filed
an order terminating her parental rights to her children, Minor Child 1 (MC1) (DOB 08-27-
18); Minor Child 2 (MC2) (DOB 08-07-10); and Minor Child 3 (MC3) (DOB 10-09-13).1
Appellant generally argues on appeal that there was insufficient evidence to support the
statutory grounds for termination. More specifically, she argues that (1) there was
insufficient evidence to support the circuit court’s finding that the Arkansas Department of
Human Services (DHS) offered either the meaningful efforts or appropriate family services
1 Allen Conaway is the father of MC1 and MC2, and Wendell Ferguson is the father of MC3. Neither father is a party to this appeal. This case also involved a fourth child, Minor Child 4 (MC4), but MC4’s goal was set as a guardianship. Accordingly, the termination-of-parental-rights petition did not seek to terminate MC4’s parents’ rights, and appellant’s parental rights were not terminated as to this child. required for the failure-to-remedy and other-subsequent-factors grounds, respectively; and (2)
there was insufficient evidence to support the circuit court’s finding that appellant willfully
failed to provide significant material support or to maintain meaningful contact. We affirm.
I. Relevant Facts
On May 2, 2022, DHS filed a petition for emergency custody and dependency-neglect.
In the affidavit attached to the petition, DHS explained that it had previously opened a
protective-services case for this family in which it offered appellant referrals to 100 Families
and Triple P, an in-home service. On April 28, 2022, a friend of the family told DHS that
appellant had left her children with people who could not care for them after she was
arrested. A family-service worker visited the home and met with the caregivers. Appellant
had been incarcerated for six days at that point, and the caregivers were no longer able to
take care of the children due to lack of money and transportation and because they had prior
obligations. Additionally, the caregivers admitted using THC but declined to submit to a
drug screen. During an interview at the county jail, appellant stated that she had paid her
friends $300 to care for the children while she was incarcerated and explained that “all I did
wrong was sold drugs.” DHS removed the children from the home, and after exercising a
hold, the children told the DHS worker they were hungry and had not eaten in a while.
The circuit court granted the petition for emergency custody, finding that probable
cause existed for the removal. A probable-cause order was filed on June 21, 2022.
An adjudication hearing was held on June 21, 2022, and an adjudication order was
filed on August 2, 2022. The circuit court found the children to be dependent-neglected on
2 the basis of appellant’s parental unfitness and accepted appellant’s stipulation that she had
been arrested and left the children with individuals who were incapable of meeting her
children’s needs. After their removal, the children had hair-shaft drug screens, which
showed that MC1 tested positive for methamphetamine, and MC2 and MC3 tested positive
for methamphetamine and amphetamines. The circuit court found that appellant had been
arrested four times since the beginning of 2022 for drug-related offenses and once since the
children came into DHS’s custody; appellant’s home was not appropriate for the children;
and appellant needed to complete services to address the substance-abuse issues and
supervision issues that led to the children’s removal. The court ordered that the case goal
be custody with a fit parent with a concurrent goal of guardianship with a fit and willing
relative. Additionally, it ordered appellant to comply with the case plan and court orders
and cooperate with DHS.
On September 20, 2022, the circuit court held a review hearing, and a review order
was filed on October 24, 2022. The circuit court ordered that the case plan goal remain
reunification with a concurrent goal of guardianship with a fit and willing relative and that
the children remain in DHS’s custody. The court found that appellant had only minimally
complied because she had attended three visits with the children but had not otherwise
participated in services. Due to appellant’s inconsistency in visitation, the circuit court
reduced the visitation order to once a week from twice a week until appellant consistently
attended a minimum of six visits. Additionally, the circuit court found DHS had made
reasonable efforts to provide family services.
3 On December 27, 2022, the circuit court held another review hearing, and an order
was filed on January 27, 2023. The circuit court ordered that the case plan goal remain
reunification with a concurrent goal of guardianship with a fit and willing relative and that
the children remain in DHS’s custody. The circuit court found that the conditions that
caused the children’s removal had not been remedied. Regarding appellant’s compliance,
the circuit court stated that “[t]here is no evidence Ms. Armento has made any progress
toward remedying the causes of removal, has been minimally compliant with the case plan
and court orders, is causing trauma to her children by not showing up for visits, and has not
appeared for the last two court hearings.” The court ordered that appellant appear at the
DHS office before the children would be transported for visitation. Further, the circuit court
found DHS had substantially complied with the case plan and orders of the court and that
it had made reasonable efforts to provide family services.
A permanency-planning hearing was eventually held on February 21, 2023, and a
permanency-planning order was filed on March 7, 2023. Regarding compliance with the
case plan, the circuit court found the following:
4. The Court finds that the juveniles are in need of the services of the Department and shall remain in the custody of the Department because it is contrary to their welfare to return them to any parent. Ms. Armento is in jail and has not remedied the conditions that caused removal. . . . The juveniles are all in placements that meet their special needs and best interests, and it is in the children’s best interests to remain in the custody of the Department.
5. The Department has complied with the case plan and court orders and has made reasonable efforts to provide family services toward the case plan goal. Specifically, the department has offered medical services, PACE evaluations, counseling, foster homes, transportation assistance, clothing vouchers, worker visits,
4 transitional youth services, sibling visits, provisional placement requests, drug screens, drug and alcohol assessment, inpatient drug and alcohol treatment referrals, parenting classes, and home visits.
6. Ms. Armento has not complied with the case plan and court orders. Specifically, she only attended seven (7) of sixty-five (65) possible visits and had an inappropriate conversation with her children that had to be redirected. The Department has not been able to determine if her home is appropriate because she has not made her home available for home visits and told the Department at one point that her water had been shut off. The Court is unsure if she has adequate income to support herself and her children, she has not submitted to drug screens, or participated in substance abuse treatment or mental health counseling. Additionally, the Court notes that Ms. Armento has not attended any hearing since Adjudication.
It was at this hearing that the circuit court changed the goal to adoption. The circuit court
further suspended appellant’s visitation with the children since she had “not consistently
visited her children, and the behaviors that have been exhibited by the children after missed
and inconsistent visitation are extreme and harmful.”
Thereafter, DHS filed a petition for the termination of parental rights on June 13,
2023, and an amended petition for the termination of parental rights on August 9, 2023.
In the amended petition, DHS alleged the failure-to-remedy, other-subsequent-factors, and
failure-to-provide-material-support or maintain-meaningful-contact grounds for termination
of appellant’s parental rights under Arkansas Code Annotated section 9-27-341(b)(3)(B)
(Supp. 2023). A termination hearing was held on September 12, 2023.
At the termination hearing, the circuit court admitted DHS’s exhibit, including
certified copies of the circuit court’s previous orders, into evidence without objection.
5 Alexandrea Arnold-Wiley, the DHS caseworker assigned to the case, testified as to the
case history as already outlined. Ms. Arnold-Wiley explained that appellant had failed to
comply with the case plan. Appellant completed a drug-and-alcohol assessment, and it was
recommended that appellant attend intensive outpatient services for severe
methamphetamine-use disorder. She was supposed to attend nine individual sessions and
twenty-one group-therapy sessions. However, appellant failed to attend any of the sessions.
Appellant further attended only four of twelve parenting classes and was inconsistent in
visitation. Because of appellant’s inconsistency in visitation and the harm it caused the
children when appellant failed to attend, the visitations had to be suspended. Even after the
visitations were suspended, appellant made no attempt to restart visitation. Ms. Arnold-
Wiley stated that appellant had refused to allow her into the home for home visits or drugs
screens. Even though appellant had not communicated with her since the permanency-
planning hearing, Ms. Arnold-Wiley testified that she kept all appellant’s referrals current
and updated, even though appellant failed to comply. Additionally, either she or the clerical
administrator would text appellant to “let her know to still partake in services as it’s Court-
ordered for her to do and that the encumbrance was up to date.” Moreover, Ms. Arnold-
Wiley had offered transportation to services. She agreed that appellant could not complete
services during the few times she was incarcerated.
Ms. Arnold-Wiley testified that the children were doing well in their placements and
that their foster parents are willing to adopt them. She did not think that appellant had
made any significant progress toward reunification and explained that appellant rarely
6 showed any initiative to get her children back. She did not think appellant had provided
any material support or maintained meaningful contact with her children. Further, she was
concerned about the danger and potential risk of harm if the children were returned to
appellant. Accordingly, Ms. Arnold-Wiley stated that she thought termination was in the
children’s best interest.
Rachel Mitchel, a DHS adoptions specialist, testified that there were twenty-two
matches found as potential adoptive resources for the three children together and that the
current foster parents were interested in adoption as well. She stated that there were no
barriers and that the children are highly adoptable.
Appellant testified that she had not moved during the case and that she recently paid
for her utilities to be turned back on. She acknowledged that DHS informed her of
appointments that she failed to attend or complete. She offered as an excuse that she had
car trouble at one point during the pendency of the case. Appellant further acknowledged
that she had not had any contact with Ms. Arnold-Wiley since her visitations were stopped
in February 2023. When asked why she had not reached out, appellant responded with the
following:
Because what is – My visits were discontinued. What is the point of contacting her and asking about a visit for my kids when I can’t get a visit anyway, because the Judge determines that? To me, it was pointless. I was setting myself up for failure.
Appellant testified that she refused to allow Ms. Arnold-Wiley in her home because she “had
no water or lights on to clean [her] home.” She claimed that the utilities had been restored
7 for the last two months but that Ms. Arnold-Wiley had not made any attempts to visit her
since then.
Appellant stated that she had started drug treatment at Phoenix House. However,
she later clarified that she had not attended any counseling sessions but had just completed
the paperwork. Appellant alleged that DHS had failed to assist her and expected her “to do
everything on my own.” She admitted that she had pending felony charges and had been
incarcerated three times during the case for eighteen, fifteen, and fourteen days, respectively.
Appellant denied that DHS had made meaningful efforts to rehabilitate her. She testified
that her children would not be at risk of harm with her and that it is not in their best interest
to have her parental rights terminated.
At the conclusion of the termination hearing, DHS requested that appellant’s
parental rights be terminated, and the attorney ad litem agreed. Both argued that the
evidence was sufficient to support all three statutory grounds alleged against appellant and
that it was in the best interest of the children to terminate appellant’s parental rights.
Regardless of appellant’s attempt to place blame on the caseworker, DHS argued that it had
provided services and that appellant’s contention was a “red herring.” The attorney ad litem
asked the circuit court to find Ms. Arnold-Wiley’s testimony that she had offered services
throughout the case credible.
Appellant’s counsel argued that the petition should be denied because there was
insufficient evidence. Counsel argued that there was no evidence that appellant used drugs
or posed potential harm to the children. He argued that DHS failed to give appellant the
8 opportunity to prove that she could parent the children and that DHS failed to make a
meaningful effort to rehabilitate appellant. He maintained that appellant had not willfully
failed to provide significant material support or maintain meaningful contact and that there
was insufficient evidence to support the other-subsequent-factors ground.
The circuit court orally ruled from the bench that it was granting the petition for
termination of parental rights as to MC1, MC2, and MC3. The circuit court filed a written
order terminating appellant’s parental rights on January 3, 2024. The circuit court
specifically found by clear and convincing evidence that all three grounds alleged in the
petition against appellant supported termination and that it is in the best interests of the
children to terminate appellant’s parental rights. In relevant part to our disposition of
appellant’s points on appeal, the circuit court made the following specific findings:
11. After considering the evidence, the Court finds that the evidence proves grounds pled in paragraphs A, B, C, D and E of the Amended Petition by clear and convincing evidence as follows:
a. That termination of parental rights is in the best interest of the juveniles, taking into consideration the likelihood that the juvenile will be adopted if the termination petition is granted and that there is potential harm to the health and safety of the juvenile caused by placing the children in the custody of either parent. ACA 9-27-341 (b)(3)(A)(i) & (ii). This ground is proven by clear and convincing evidence as to both Armento and Conaway [MC1 and MC2’s father]. The Court finds that the evidence proves the termination of parental rights is in the best interest of the juvenile. In making this finding, the circuit court considered all relevant factors, including the likelihood that the juvenile would be adopted if the parental rights were terminated, and the potential harm, specifically addressing the effect on the health and safety of the juvenile, that could be caused by returning the juvenile to the parents. As to the juveniles’ adoptability, the Court finds that the juveniles are adoptable because of the adoption resources from data
9 matching and the current interest of their foster parents. As to potential harm, the Court finds that the juveniles would be subjected to substantial risk of potential harm of further abuse or neglect (physical and mental) if placed with Mr. Conaway and at substantial risk of harm including instability, drug exposure, environmental issues and mental health issues if returned to Ms. Armento.
b. That the juveniles have been adjudicated by the court to be dependent neglected on June 21, 2022, and have continued to be out of the custody of the parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, these conditions have not been remedied by the parent. ACA 9-27-341 (b)(3)(B)(i)(a). This ground is proven by clear and convincing evidence as to the mother, Cassandra Armento. The Court finds that the children were removed from the mother’s custody on April 28, 2022, and have been out of the home for nearly 17 months, that the department made reasonable efforts to provide services to her and she failed to comply or benefit from those services to remedy the conditions that caused removal.
....
d. The juveniles have lived outside the home of the parents for a period of twelve (12) months and the parents have willfully failed to provide significant material support in accordance with their means or to maintain meaningful contact with the juveniles. ACA 9-27-341 (b)(3)(B)(ii)(a). This ground is proven by clear and convincing evidence as to both Ms. Armento and Mr. Conaway. The court finds that Ms. Armento missed 60 visits with her children before it was suspended and neither she nor any other party ever requested the visits be reinstated. The children have not seen their mother in months, and she has failed to maintain meaningful contact with them when she had the opportunity to do so. . . . Both Ms. Armento and Mr. Conaway failed to have meaningful contact with the children or to provide meaningful support for them.
e. That other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that demonstrate that placement of the juvenile in the custody of either parent is contrary to the juvenile’s health, safety or welfare and that despite the offer of appropriate family services, the parents have manifested the incapacity or indifference to
10 remedy the subsequent issues or factors or rehabilitate the parents’ circumstances which prevent the placement of the juvenile in the custody of either parent. ACA 9-27-341 (b)(3)(B)(vii)(a). This ground is proven by clear and convincing evidence as to both Ms. Armento and Mr. Conaway. . . . Subsequent to the filing of the DIN petition, Ms. Armento was offered but failed to complete drug treatment or drug screens to prove her sobriety which was needed given the children tested positive for methamphetamines due to exposure and she admitted drug use in her assessment. She failed to complete parenting classes, individual therapy, homemaker services or allow home visits to prove parental fitness. Ms. Armento failed to obtain and maintain safe and stable housing, admitting her utilities were off for months and she that refused DHS access. New harm was caused by the parents’ failure to visit the children during the case causing them serious distress. The court finds DHS worker Arnold-Wiley credible in her attempts to provide services to the family. The Court finds that the mother’s assertions that her deficiencies are Ms. Arnold-Wiley's fault are misguided and misdirected.
This appeal followed.
II. Standard of Review
A circuit court’s order terminating parental rights must be based on findings proved
by clear and convincing evidence. Ark. Code Ann. § 9-27-341(b)(3). Clear and convincing
evidence is defined as that degree of proof that will produce in the fact-finder a firm
conviction as to the allegation sought to be established. Posey v. Ark. Dep’t of Health & Hum.
Servs., 370 Ark. 500, 262 S.W.3d 159 (2007). On appeal, the appellate court reviews
termination-of-parental-rights cases de novo but will not reverse the circuit court’s ruling
unless its findings are clearly erroneous. Id. A finding is clearly erroneous when, although
there is evidence to support it, the reviewing court on the entire evidence is left with a
definite and firm conviction that a mistake has been made. Id. In determining whether a
11 finding is clearly erroneous, an appellate court gives due deference to the opportunity of the
circuit court to judge the credibility of witnesses. Id.
In order to terminate parental rights, a circuit court must find by clear and convincing
evidence that termination is in the best interest of the juvenile, taking into consideration (1)
the likelihood that the juvenile will be adopted if the termination petition is granted; and
(2) the potential harm, specifically addressing the effect on the health and safety of the child,
caused by returning the child to the custody of the parent. Ark. Code Ann. § 9-27-
341(b)(3)(A)(i) & (ii). The order terminating parental rights must also be based on a showing
of clear and convincing evidence as to one or more of the grounds for termination listed in
section 9-27-341(b)(3)(B). However, only one ground must be proved to support
termination. Reid v. Ark. Dep’t of Hum. Servs., 2011 Ark. 187, 380 S.W.3d 918.
The intent behind the termination-of-parental-rights statute is to provide permanency
in a child’s life when it is not possible to return the child to the family home because it is
contrary to the child’s health, safety, or welfare, and a return to the family home cannot be
accomplished in a reasonable period of time as viewed from the child’s perspective. Ark.
Code Ann. § 9-27-341(a)(3). Even full compliance with the case plan is not determinative;
the issue is whether the parent has become a stable, safe parent able to care for his or her
child. Cobb v. Ark. Dep’t of Hum. Servs., 2017 Ark. App. 85, 512 S.W.3d 694. Moreover, a
child’s need for permanency and stability may override a parent’s request for additional time
to improve the parent’s circumstances. Id. Finally, a parent’s past behavior is often a good
indicator of future behavior. Id.
12 III. Statutory Grounds
The circuit court granted the termination petition on the basis of the failure-to-
remedy, other-subsequent-factors, and failure-to-provide-material-support or maintain-
meaningful-contact grounds for termination under Arkansas Code Annotated section 9-27-
341(b)(3)(B). Although the circuit court found multiple statutory grounds for termination,
only one ground is necessary to support the termination. See Reid, supra. Appellant argues
that the circuit court erred in terminating her parental rights because there was insufficient
evidence to support any of the grounds alleged in the petition to terminate parental rights.
We cannot agree and hold that there was sufficient evidence to support at least the other-
subsequent-factors ground.
Arkansas Code Annotated section 9-27-341(b)(3)(B) defines the other-subsequent-
factors ground as follows:
(vii)(a) That other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that demonstrate that placement of the juvenile in the custody of the parent is contrary to the juvenile’s health, safety, or welfare and that, despite the offer of appropriate family services, the parent has manifested the incapacity or indifference to remedy the subsequent issues or factors or rehabilitate the parent’s circumstances that prevent the placement of the juvenile in the custody of the parent.
(Emphasis added.) A parent’s failure to comply with court orders can serve as a subsequent
factor upon which termination can be based. Gonzalez v. Ark. Dep’t of Hum. Servs., 2018 Ark.
App. 425, 555 S.W.3d 915; Brown v. Ark. Dep’t of Hum. Servs., 2018 Ark. App. 104, 542
S.W.3d 899; Miller v. Ark. Dep’t of Hum. Servs., 2017 Ark. App. 396, 525 S.W.3d 48.
13 Following the filing of the original petition, the circuit court ordered appellant to
comply with the case plan and court orders and cooperate with DHS. In its termination
order, the circuit court found that the following evidence supported this ground:
Ms. Armento was offered but failed to complete drug treatment or drug screens to prove her sobriety which was needed given the children tested positive for methamphetamines due to exposure and she admitted drug use in her assessment. She failed to complete parenting classes, individual therapy, homemaker services or allow home visits to prove parental fitness. Ms. Armento failed to obtain and maintain safe and stable housing, admitting her utilities were off for months and she that refused DHS access. New harm was caused by the parents’ failure to visit the children during the case causing them serious distress.
The circuit court’s findings were supported by Ms. Arnold-Wiley’s testimony. Ms. Arnold-
Wiley testified that appellant failed to attend individual counseling, submit to drug screens,
allow home visits, complete parenting classes, or maintain consistent visitation with the
children. In fact, because of appellant’s inconsistency in visitation and the harm it caused
the children when appellant failed to attend, the visitations had to be suspended.
On appeal, appellant argues that because DHS failed an “offer of appropriate family
services,” it was erroneous for the court to rely on the other-subsequent-factors ground to
terminate her parental rights. She claims as she did below that DHS “completely ignored
her for the last seven months of the case.” She further claims that the circuit “court’s findings
under this ground that [Ms. Arnold-Wiley] was credible in her attempts to offer services to
14 remedy this subsequent factor, and that [appellant’s] complaints that DHS did nothing for
her were misdirected and misguided, are belied by the record.” We disagree.2
Although appellant argues that DHS completely ignored her after the permanency-
planning hearing and failed to offer appropriate services, Ms. Arnold-Wiley testified
otherwise. She testified that she made referrals for appellant multiple times throughout the
case, ensured that they were still active and available to appellant, and additionally offered
transportation to appellant when she was having difficulties with her car. However, due to
appellant’s failure to attend even a single session, appellant was dropped from services with
Recovery Centers of Arkansas (“RCA”) where she was to complete intensive outpatient
treatment. Ms. Arnold-Wiley testified that she believed appellant knew her service referrals
were still active because appellant did complete three of the parenting classes after the
February 2023 permanency-planning hearing. Additionally, Ms. Arnold-Wiley testified that
either she or the clerical administrator would text appellant to “let her know to still partake
in services as it’s Court-ordered for her to do and that the encumbrance was up to date.”
Despite Ms. Arnold-Wiley’s testimony that she offered appellant appropriate services during
2 Appellees argue that appellant’s argument is not preserved for appeal because she failed to appeal from the circuit court’s previous orders finding that DHS had made reasonable efforts. However, appellant specifically raised her services argument at the termination hearing. See Threadgill v. Ark. Dep’t of Hum. Servs., 2017 Ark. App. 426, at 6, 526 S.W.3d 891, 895 (holding that a reasonable-efforts argument was not waived where none of the prior reasonable-efforts findings were in orders containing a Rule 54(b) certificate and appellant raised the argument at the termination hearing); see also Spears v. Ark. Dep’t of Hum. Servs., 2023 Ark. App. 494, 678 S.W.3d 86; Long v. Ark. Dep’t of Hum. Servs., 2023 Ark. App. 372, 675 S.W.3d 158. Accordingly, appellant has not waived her specific argument on appeal.
15 the entirety of the case, appellant failed to take advantage of and complete those services.
Appellant admitted that she did not reach out to Ms. Arnold-Wiley after her visitation was
suspended because she thought “it was pointless” and that she was “setting [herself] up for
failure.” Appellant further admitted during the hearing that she refused to allow Ms. Arnold-
Wiley in her home.
The credibility of any witness’s testimony is to be assessed by the trier of fact—and the
trier of fact may believe all, part, or none of it. Long, supra; Gibby v. Ark. Dep’t of Hum. Servs.,
2022 Ark. App. 146, 643 S.W.3d 794. Here, the circuit court credited Ms. Arnold-Wiley’s
testimony over that of the appellant’s. On the basis of these facts, we cannot hold that the
circuit court clearly erred in its findings and affirm that there was sufficient evidence to
support the other-subsequent-factors ground. Because we conclude that DHS adequately
proved the other-subsequent-factors ground, we need not discuss the remaining grounds
found by the circuit court. See Kohlman v. Ark. Dep’t of Hum. Servs., 2018 Ark. App. 164, 544
S.W.3d 595. Accordingly, we affirm the order terminating appellant’s parental rights.
Affirmed.
BARRETT and WOOD, JJ., agree.
Leah Lanford, Arkansas Commission for Parent Counsel, for appellant.
Kaylee Wedgeworth, Ark. Dep’t of Human Services, Office of Chief Counsel, for
appellee.
Dana McClain, attorney ad litem for minor children.