Cite as 2019 Ark. App. 383 Digitally signed by Elizabeth ARKANSAS COURT OF APPEALS Perry Date: 2022.07.25 13:55:31 DIVISION II -05'00' No. CV-19-315 Adobe Acrobat version: 2022.001.20169 OPINION DELIVERED: SEPTEMBER 18, 2019
DALANA PHILLIPS APPELLANT APPEAL FROM THE CRAWFORD COUNTY CIRCUIT COURT [NO. 17JV-17-112] V. HONORABLE MICHAEL MEDLOCK, JUDGE ARKANSAS DEPARTMENT OF HUMAN SERVICES AND MINOR AFFIRMED CHILDREN APPELLEES
ROBERT J. GLADWIN, Judge
Appellant Dalana Phillips appeals the January 14, 2019 order of the Crawford County
Circuit Court terminating her parental rights to her three minor children, R.M., S.M., and
C.P. Dalana makes a limited argument that termination of her parental rights was not in the
children’s best interest because the children were living with their grandparents. We affirm.
I. Facts and Procedural History
On May 24, 2017, at approximately 1:00 p.m., officers from the Van Buren Police
Department were called to 1015 Twilight Lane after receiving a report that a child had been
left home alone. Once on the scene, Officer Dewayne Richesin called the Crawford County
Department of Children and Family Services for assistance. Family Service Worker (FSW)
Crystal Mikus arrived at the residence at approximately 2:15 p.m. and was met by Officer
Richesin, who explained that five-year-old C.P. was home alone because his father, Aaron Matevia, 1 ran from the residence when Officer Richesin entered the residence and noted
the apparent drug use by Aaron.
FSW Mikus and Officer Richesin then spoke with R.M.’s teacher and counselor
from Rena Elementary who had originally called for assistance to the residence. After
gathering information on when the other two siblings would arrive home on the school
bus, FSW Mikus and Officer Richesin called several phone numbers in an unsuccessful
attempt to reach Dalana. The children’s grandmother arrived at the residence and explained
that Dalana did not have a phone and that she did not have a way of reaching her daughter.
By this time, Aaron had been located and placed under arrest on multiple charges and
warrants. FSW Mikus advised the grandmother that the children would be taken into
custody if Dalana was not located. At approximately 3:35 p.m., R.M. and S.M. arrived at
the residence from school, at which time FSW Mikus placed a seventy-two-hour hold on
all three children.
The following day, May 25, at 9:00 a.m., Dalana arrived at the Crawford County
Arkansas Department of Human Services (DHS) office to speak with FSW Mikus. Dalana
stated that she was currently in drug classes as a condition of her parole and had been clean
since she left prison. FSW Mikus administered a drug screen on Dalana at 9:30 a.m., and
she tested positive for amphetamines, methamphetamine, and oxycodone. Dalana admitted
that she had used drugs the previous night but stated that she is not a regular user.
1 Aaron’s parental rights were also terminated; however, he did not appeal and is not a party to this appeal. At the time of the children’s removal, and throughout the entirety of the case, Dalana and Aaron were not in a romantic relationship.
2 On May 26, DHS filed a petition for emergency custody and dependency-neglect.
The court entered an emergency order and found that probable cause existed to not only
remove the children from the home but also to maintain them in DHS custody.
Pursuant to a hearing held on March 31, 2017, by order entered July 13, the court
found that at the time of removal, Aaron had been arrested, Dalana could not be found, and
at the time of contact with her the day after the children were removed, Dalana tested
positive for amphetamines, methamphetamine, and oxycodone in spite of being on parole
and in drug court. Based on those findings, the court adjudicated the children dependent-
neglected because they were subject to “neglect, inadequate supervision and parental
unfitness due to the caretakers being unwilling or unable to meet the children’s needs for
food, clothing, shelter and/or medical or mental health care; allegations involving physical
and sexual abuse; and the caretakers’ current substance use seriously affecting their ability to
supervise, protect, or care for the juveniles.” The court set a goal of reunification and
ordered Dalana to complete services.
On July 31, the Choctaw Nation of Oklahoma filed a notice of intervention asserting
the children are Indian children under the Indian Child Welfare Act (ICWA). The court
accepted that intervention on August 1.
A review hearing was held on November 16. Although Dalana did not attend
because she was incarcerated, the court found that she had partially complied with the case
plan and orders of the court. The court ordered her to continue complying after being
released.
3 A second review hearing was held on March 1, 2018. Dalana had been released from
incarceration and was in attendance. In an order dated the same day, the court found that
she again had partially complied with the case plan and orders of the court; however, the
court characterized Dalana’s compliance as minimal because although she was cooperating
with DHS, she remained unemployed, did not have stable housing, and had tested positive
for illegal substances during the review period. The court further found that Dalana had
minimally benefited from her progress regarding case-plan goals. The court kept the goal of
reunification but set a concurrent goal of placement with a fit and willing relative because
the case-plan requirements were incomplete. 2
A permanency-planning hearing was held on May 17, 2018. The court found that
Dalana, who was in attendance, had not complied with the case plan or the orders of the
court because she had admitted using methamphetamine during the review period; she did
not have stable and appropriate housing; and she again was incarcerated due to parole
violations during the review period. However, the court also found that Dalana had visited
with her children regularly, she had displayed appropriate parenting techniques, and she was
scheduled to enter inpatient treatment within the week. Because Dalana was bonded with
the children, the court kept the goal of reunification but also continued a goal of placement
with a fit relative. The court also ordered that reunification services continue.
At the September 13, 2018 review hearing, the court found that Dalana had not
complied with the case plan or the orders of the court because she (1) left inpatient
2 The children were placed with their paternal grandparents and had been there for a while prior to the termination hearing, but the record does not clearly indicate when that placement occurred.
4 treatment early; (2) tested positive for methamphetamine and amphetamines during the
review period; (3) remained incarcerated; (4) had not complied with her parole conditions;
(5) had no housing, employment, or transportation; (6) had not cooperated with DHS; and
(7) had ceased participating in counseling services. The court noted, however, that Dalana
continued to visit her children and displayed appropriate parenting skills while visiting. The
court entered a goal of “establishing a guardianship” because “the parents should continue
to work on the goals of the case plan.”
DHS filed a petition to terminate parental rights (TPR) on November 2, 2018,
alleging several of the nine enumerated statutory grounds against Dalana and arguing that
TPR was in the children’s best interests because adoptability was not a factor in achieving
permanency for the children and that they would be subject to serious physical and
emotional harm if returned to Dalana’s custody. DHS cited Dalana’s general instability,
continuing legal issues, and “persistent substance abuse issues” to support its allegations of
harm.
A hearing on the TPR petition was held on January 3, 2019. At the hearing, Aaron,
the children’s father, testified about his progress and struggles during the case. As for
visitation and his relationship with the children, he said he has a good relationship with
them and loves them. He stated that he enjoys spending time with them and wants to
continue to have a relationship with them and provide support for the future. He noted that
he made all but two of his visits with the children. He said that he did not see the kids
outside of his visitation even though they are placed with his father because of the court’s
orders.
5 In discussing the circumstances of the children’s removal, Aaron explained that he
had been watching the children that day at Dalana’s house because she had to appear in
court. He described the house as being in average condition, saying there might have been
a few dirty clothes or dishes around, but there were no bugs or foul odors. He said that the
drugs he used that day were his and that Dalana had nothing to do with the children’s
removal. He said he had no issues with the way Dalana took care of the kids, calling her a
“good mom” and saying that she met all their needs.
Dalana testified and acknowledged that the children had been removed from her
custody nearly two years before the hearing and that they could not be returned to her
because she had tested positive for methamphetamine. She stated that she had been released
from jail in October 2017; had obtained a job in November 2017 that she still had as of
January 2019; that she had completed Gateway’s inpatient program in July 2018; and that
she was currently attending an outpatient program at Harbor House. She admitted relapsing
after completing inpatient treatment, but she noted that she had not had a positive drug
screen since July 2018, some seven months before the TPR hearing. She also noted that
aside from being incarcerated for ninety days, she had not missed a single class or session
despite having to attend twice a week.
Dalana admitted that she had been incarcerated several times during the case but
explained that she was currently on parole and reported to a parole officer every two weeks.
She then conceded that she had pending felony charges in Crawford County for possession
of drug paraphernalia. She testified that she had lived with her father since being paroled
and acknowledged that although he had a true finding and criminal conviction for sexual
6 abuse, it was due to lies she told about him when she was eleven years old, after her parents
had divorced and her mother entered a partying lifestyle of which her dad did not want to
be a part. As a result, Dalana rebelled against him so that she could “do what [she] wanted
to do.” She explained that she tried to get it resolved by writing a letter to an attorney, but
she and her dad were told there was nothing that could be done. She stated that the
caseworker had been to her dad’s house and noted how nice it was.
Dalana stated that she has a job at Taco Bell where she has been working since
November 2, 2017. Although the caseworker had recently told her she needed to provide
check stubs for proof of employment, Dalana explained that she had been unable to provide
those because she had to obtain them from the corporate office, and the holidays had
interfered with her ability to do that. However, she provided her schedule to the caseworker
as proof of employment. Dalana testified that she brought home around $550 every two
weeks, that she paid her car note and car insurance, and that she set aside $60 for the
children’s food and items such as board games for when she visited with them.
Dalana stated that she believed her outpatient treatment would be completed within
a month—she began in November 2018, and it was a sixteen-week program. She also noted
that she visited regularly with the children and never missed a visit.
Regarding drug screens, Dalana said that she had been randomly drug tested since
July 2018, that the tests were administered by various individuals—including the
caseworker, her parole officer, and the outpatient therapist—and that she had passed all the
screens. She said that if DHS was basing its recommendation for TPR on her drug use, she
7 had been addressing that, had not missed an outpatient session, and identified her recovery
coach (in the courtroom) as a source of validation.
Addie Martin, the DCFS caseworker, recommended termination of both parents’
rights to all three children because they had been out of the home since May 2017—twenty
months—and the issues that prevented the children’s return had not been corrected. She
said that Dalana had tested positive for drugs after leaving Gateway in the summer of 2018
but acknowledged that her most recent drug screens had been negative.
Regarding visitation, Martin confirmed that Dalana visited consistently and that there
had been no negative reports by the supervising program assistant. She noted that the
children were stable with Aaron’s parents and that the only time the placement had been
disrupted was when C.P. had to receive acute behavioral treatment and was welcomed back
into his grandparents’ home afterward. She believed it would be best to clear the children
for adoption by the grandparents, even though the parents’ only issue was general instability,
and despite it “not [being] a secret that these children love their parents.”
When asked about preserving parental rights if the children remained with relatives,
Martin said DHS believed that could be a solution, but the grandparents were not “on
board” with any permanent arrangement that would allow parental rights to remain intact.
The grandparents were concerned about a custodial arrangement keeping the children in
and out of court.
Penny Drennon, an expert witness for the purposes of the ICWA, testified that after
reviewing the case file and having conversations with Dalana and DCFS staff, she believed
that the children would be at risk of serious emotional or physical harm if returned home.
8 She said that the children’s placement was ICWA compliant and that she believed it was in
the children’s best interest to remain there. She did not make a clear recommendation
regarding TPR.
At the end of the hearing, the circuit court terminated Dalana’s parental rights in an
order entered on January 14, 2019. Dalana filed her timely notice of appeal on January 25
and an amended notice of appeal on February 4.
II. Applicable Law and Standard of Review
Because this is a case involving Indian children under the ICWA, an order forever
terminating parental rights must be based on proof beyond a reasonable doubt that TPR is
in the children’s best interest. 25 U.S.C.A. § 1912(f) (Westlaw, current through P.L.116-
56). 3 Factors to consider in determining best interest include the likelihood of adoption and
whether the children would be at risk of serious emotional or physical harm if returned
home to the parent. Additionally, the petitioner must prove at least one statutory ground
for TPR under the higher burden of proof. Id.; Ark. Code Ann. § 9-27-341(b)(3)(B) (Supp.
2017).
The purpose of terminating a parent’s rights to his or her children is to provide
permanency in the children’s lives when returning the children to the family home is
contrary to the children’s health, safety, or welfare, and it appears that a return to the family
home cannot be accomplished in a reasonable period of time as viewed from the children’s
3 The relevant section states, “No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.”
9 perspective. Ark. Code Ann. § 9-27-341(a)(3). A heavy burden is placed on the party
seeking termination because termination of parental rights is an extreme remedy in
derogation of the natural rights of the parents. Grant v. Ark. Dep’t of Human Servs., 2010
Ark. App. 636, 378 S.W.3d 227.
Appellate courts review termination decisions de novo, see Gutierrez v. Ark. Dep’t of
Human Servs., 2012 Ark. App. 575, 424 S.W.3d 329, but will not reverse the circuit court’s
decision unless the court’s finding is clearly erroneous. Yarborough v. Ark. Dep’t of Human
Servs., 96 Ark. App. 247, 240 S.W.3d 626 (2006). 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. Gregg v. Ark. Dep’t of
Human Servs., 58 Ark. App. 337, 952 S.W.2d 183 (1997). Issues not argued by the appellant
are waived. Country Gentleman, Inc. v. Harkey, 263 Ark. 580, 569 S.W.2d 649 (1978).
A TPR order must be based on a finding, in this case beyond a reasonable doubt,
that (1) termination of parental rights is in the best interest of the children, considering the
likelihood that the children will be adopted and the potential harm caused by returning the
children to the parent’s custody and (2) at least one ground for termination exists. Ark. Code
Ann. § 9-27-341(b)(3)(A), (B).
III. Discussion
Dalana argues that the circuit court’s TPR decision was not supported by proof
beyond a reasonable doubt because the case involved Indian children, and the court
erroneously found that the ICWA expert recommended TPR when her testimony was not
clear.
10 Dalana does not challenge the statutory grounds the circuit court relied on to
terminate her parental rights. Therefore, any challenge relating to the statutory grounds is
waived. Benedict v. Ark. Dep’t of Human Servs., 96 Ark. App. 395, 409, 242 S.W.3d 305,
316–17 (2006). Moreover, while Dalana contends that TPR was not in the children’s best
interest, she does not directly attack any of the court’s findings regarding potential harm or
adoptability. In its TPR order, the circuit court found that all three children were adoptable
and that Dalana’s instability, continued criminal issues, and substance-abuse issues
demonstrated potential harm. Because none of these findings or the sufficiency of the
evidence supporting the statutory grounds, potential harm, or adoptability are challenged
on appeal, this court must affirm these findings. Benedict, supra.
However, Dalana notes that DHS continued to carry the burden of proving that
TPR was in the children’s best interest—a finding that must be made separate and apart
from any statutory grounds that might exist. Specifically, Dalana claims that the court erred
in ordering TPR when the children were living with their grandparents and that TPR was
therefore not in their best interest.
The TPR statute sets out two factors that must be considered by the circuit court
when the court determines whether TPR is in the children’s best interest—likelihood of
adoptability and potential harm See Chaffin v. Ark. Dep’t of Human Servs., 2015 Ark. App.
522, at 5, 471 S.W.3d 251, 255. Considerations in making a best-interest finding may
include: the preservation of the children’s relationship with a grandparent; the severance of
child support from a parent; whether a less drastic measure could be employed such as a no-
contact order or supervised visitation; whether continued contact with the parent would be
11 beneficial to the children if or when the children are living with a relative and not in an
indeterminate state that is working against them; and whether the children are living in
continued uncertainty. See Bunch v. Ark. Dep’t of Human Servs., 2017 Ark. App. 374, 523
S.W.3d 913; Lively v. Ark. Dep’t of Human Servs., 2015 Ark. App. 131, 456 S.W.3d 383;
Cranford v. Ark. Dep’t of Human Servs., 2011 Ark. App. 211, 378 S.W.3d 851; Caldwell v.
Ark. Dep’t of Human Servs., 2010 Ark. App. 102; Conn v. Ark. Dep’t of Human Servs., 79
Ark. App. 195, 85 S.W.3d 558 (2002). In all these cases, this court reversed the circuit
court’s TPR orders and demonstrated that TPR is not always necessary, especially given
that the public interest behind TPR is to ensure that children will obtain greater stability
and permanence and not languish in foster care indefinitely—a circumstance that the
children in this case did not face.
Dalana submits that Cranford is particularly relevant because the grandmother had
custody of the children at the time of the TPR decision, because both parents had lost
custody of their young son when they had too many drinks at a local restaurant and left the
scene after having been involved in a vehicle accident. On appeal, both parents argued that
TPR was not in the child’s best interest, and this court agreed. Id. This court noted that its
holding was “largely grounded in the custody arrangement that was established after [the
child] was removed from his parents’ custody.” Cranford, 2011 Ark. App. 211, at 9, 378
S.W.3d at 856.
Dalana also relies on Bunch, supra, in which this court relied on Cranford to reverse
the termination of Bunch’s parental rights. Bunch had drug-related legal issues, had
experienced relapses combined with progress and was not set to take custody of the children
12 at the time of the TPR hearing. However, this court found, as in Cranford, that TPR was
not in the best interest of the children because they were with their grandmother, and there
was little harm in affording Bunch additional time to pursue reunification. Bunch, 2017 Ark.
App. 374, at 8, 523 S.W.3d at 918.
We hold that Dalana’s argument is misplaced. In the two cases that Dalana primarily
relies on for her argument, Cranford and Bunch, the children were in the permanent custody
of a relative and not in a temporary foster-care placement with a relative. Bunch, 2017 Ark.
App. 374, at 9, 523 S.W.3d at 918; Cranford, 2011 Ark. App. 211, at 3, 11, 378 S.W.3d at
853, 857. In contrast, the children in this case remained in foster care at the time of TPR
and had been for the entirety of the case. They were in the custody of DHS and temporarily
placed with their grandparents—not in the legal custody of the grandparents. Because they
were still in DHS’s custody, they needed permanency. The grandparents may have been an
option for placement or a future adoption, but at the time of TPR, it was “not a given that
this [was] a permanent or stable option.” Scrivner v. Ark. Dep’t of Human Servs., 2016 Ark.
App. 316, at 5, 497 S.W.3d 206, 209. Moreover, when caseworker Martin was asked about
preserving parental rights if the children remained with relatives, she explained that although
DHS believed that could be a solution, the grandparents were not “on board” with any
permanent arrangement that would allow parental rights to remain intact.
Appellate courts have taken care to point out that the best-interest rationale of
Cranford applies only when the child is in the legal custody of a relative, and permanency is
thus not at issue. Joslin v. Ark. Dept of Human Servs., 2019 Ark. App. 273, at 7–8, 577 S.W.3d
26, 29–30 (holding that where children were still in DHS’s custody, Lively or Caldwell
13 challenge was inapplicable); Heath v. Ark. Dep’t of Human Servs., 2019 Ark. App. 255, at 6,
576 S.W.3d 86, 89 (distinguishing Cranford because children were still in DHS custody and
grandmother was only a placement option); Bolden v. Ark. Dep’t of Human Servs., 2018 Ark.
App. 218, at 13, 547 S.W.3d 129, 137 (refusing to apply Cranford because children were in
foster care and needed permanency); Scrivner, 2016 Ark. App. 316, 497 S.W.3d at 209
(holding that where children were still in DHS’s custody, Lively or Caldwell challenge was
inapplicable).
Also, this is not a single-parent TPR case such as Lively, supra, also cited by Dalana.
Considerations affecting those cases—such as the impact of terminating one parent’s rights
would have on the children’s relationship with grandparents who may be stable influences
in their lives—are not present in this case. Instead, the children in this case were in a
temporary placement with the grandparents at the time of TPR, and TPR did not
jeopardize these stable relationships that might become permanent adoptive homes for the
children. See Fisher v. Ark. Dep’t of Human Servs., 2019 Ark. App. 39, at 5–7, 569 S.W.3d
886, 888–89 (holding that in two-parent TPR cases, neither Caldwell nor Lively was
applicable).
Also, unlike Cranford or Bunch, there was no compelling reason for the court to
choose permanent custody, rather than adoption and TPR, because there was no reasonable
prospect that Dalana would eventually reunify with the children. Dalana does not challenge
the statutory grounds, admitting that “the evidence was sufficient for the court to find that
the stability issues that arose subsequent to the filing of the original petition . . . had not
been remedied to the extent that [Dalana] could take full custody at the time of the hearing.”
14 DHS submits that the subsequent factors the court referenced in its TPR order were
supported by six pages of factual findings. Among other things, the court found that Dalana
had tested positive for drugs during the case, had been incarcerated multiple times, and did
not have stable housing or employment. Dalana, likewise, does not challenge the evidence
supporting the court’s finding that there was little likelihood that further services would
result in successful reunification. Because none of these statutory-ground findings are
challenged, we hold that the evidence demonstrates that Dalana’s prospects for reunification
were dim.
In contrast, the child in Cranford was in the grandparents’ custody, and this court
concluded that there was “little harm in affording both [parents] more time to pursue
reunification . . . and such efforts come with a potential benefit to the child.” Cranford, 2011
Ark. App. 211, at 11–12, 378 S.W.3d at 857. Also, the prospects of reunification with the
parents were likely in Caldwell because the father had been making positive steps toward
stability in housing, employment, and alcohol counseling, and the mother had completed
services and relocated closer to the child. Id. Likewise, in Bunch, this court reversed the TPR
order, citing the facts that Bunch had only a single positive drug test, that she had separated
from a dangerous partner, that she had been complying with the case-plan requirements,
and there was no evidence that she had ever harmed the children. This court concluded in
Bunch that “we see little harm in affording [Bunch] more time toward reunification, and
such efforts come with a potential benefit to the children.” 2017 Ark. App. 374, at 9–10,
523 S.W.3d at 919.
15 This case instead is similar to Ross v. Arkansas Department of Human Services, 2010 Ark.
App. 660, at 7–8, 378 S.W.3d 253, 257, in which this court rejected similar arguments that
TPR was not in the children’s best interest because the children were in stable placements
and permanency was not an issue—noting that the potential harm posed by the parent to
the children was clear. Based on Dalana’s incapacity to remedy the issues that arose
subsequent to the removal of the children—evidence of which is not disputed on appeal—
we hold that this is not a case in which the court should have leaned toward less-restrictive
alternatives than TPR. There was no clear error in the circuit court’s decision that adoption
and TPR were the appropriate permanency goals for these children, and there are no
grounds for a “firm conviction” that the court made a mistake in terminating Dalana’s
parental rights. See Brumley v. Ark. Dep’t of Human Servs., 2015 Ark. 356, at 11–12 (finding
that the stability and reasonable hope for reunification found in Cranford were lacking).
Finally, Dalana acknowledges that although the court made its findings under the
correct burden of proof—beyond a reasonable doubt—the court attributed testimony to the
ICWA expert and based its TPR findings, at least in part, on testimony that the expert did
not provide. Specifically, the ICWA requires the court to find, based on evidence that
includes the testimony of an ICWA expert witness, that the continued custody of the child
by the parent or Indian custodian “is likely to result in” serious emotional or physical damage
to the child. Id. The court made such a finding, which was based on the testimony of Penny
Drennon, the expert from the Choctaw Nation. Dalana maintains that the court said Ms.
Drennon testified that returning custody to Dalana would likely result in serious emotional
or physical damage and “that it is in the best interests of R.M., S.M., and C.P. to terminate
16 the parental rights of their natural parents.” Dalana maintains that the court misstated Ms.
Drennon’s testimony because when she was asked if she had an opinion as to whether
continuing or returning custody of the children to the parents or the Indian custodians “is
likely to result in serious emotional or physical damage to the children,” she said, “Yes, I
do feel that there is a risk of serious physical or emotional damage to the children if they
were returned home.” Dalana argues that this is different than her stating that returning the
children is “likely to result in serious emotional or physical damage,” which is what the Act
requires. Further, when asked if she had an opinion about whether “it is in the best interest
of children to terminate the parental rights of their natural parents,” she responded, “It is in
the children’s best interest as far as their permanency; the placement is an ICWA compliant
placement, it’s a relative placement.” Dalana maintains that the above does not suffice as
required testimony; accordingly, the TPR order could not properly be entered.
We hold that Dalana’s argument that Ms. Drennon’s statement that there was a “risk
of serious emotional or physical damage” to the children is not sufficient under the ICWA
is of no merit. Dalana offers no authority to support her contention that the ICWA’s use of
the term “likely to,” as opposed to the term “risk of,” is fatal to the TPR order. We will
not consider arguments not properly argued by an appellant and supported by convincing
legal authority or argument. See Wheatley v. Ark. Dep’t of Human Servs., 2016 Ark. App.
438, 503 S.W.3d 86. Although the terms “risk of” and “likely to” are distinct, there is no
significant difference in their meaning. We hold that this distinction without a difference is
an insufficient reason for reversal of the circuit court’s TPR order.
Affirmed.
17 ABRAMSON and WHITEAKER, JJ., agree.
Leah Lanford, Arkansas Public Defender Commission, for appellant.
Andrew Firth, Office of Chief Counsel, for appellee.
Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad litem for minor
children.