RITA W. GRUBER, Judge.
Christina Maynard brings this appeal from the order of the Garland County Circuit Court adjudicating her son J.M., born January 3, 2001, dependent-neglected. Maynard's sole point on appeal is a challenge to the sufficiency of the evidence supporting the order. We affirm.
The present case began on May 14, 2010, when a Department of Human Services worker was interviewing Maynard on an unrelated case. During that interview, Maynard admitted that she had taken both Xanax and Valium without having a prescription for either drug. Maynard submitted to a drug screen, testing positive for both methamphetamine and opiates. DHS exercised a seventy-two-hour hold on J.M. DHS filed its petition for emergency custody on May 17, 2010. An order for
Maynard waived a probable-cause hearing. The court returned temporary custody of J.M. to Maynard under the terms of a safety plan where Maynard and her son were to reside with Dollie Owens, Maynard's former mother-in-law.
The adjudication hearing was held on July 22, 2010. Freeman Peters, a DHS investigator, testified that he was interviewing Maynard on an unrelated matter when she admitted that she had Xanax and Valium for which she did not have a prescription. Peters administered a drug screen to Maynard, which was positive for methamphetamine and benzoids. As a result of the positive drug screen and pursuant to DHS policy, J.M. was taken into custody for his protection. Peters said that he asked Maynard whether she had a history of illegal drug abuse and received a negative response. He did not recall Maynard saying that she expected to test positive for marijuana. Peters acknowledged that the sole reason for J.M. being taken into custody was Maynard's positive drug test. On cross-examination, Peters said that, based on his experience, parents who are under the influence of drugs are not able to properly care for their children. He also said that J.M. appeared to be well cared for by Maynard. Peters also said that Maynard tested positive for benzoids at a second drug screen on May 26. According to Peters, Maynard said that there was no reason she was testing positive for methamphetamine. He also said that the fact that Maynard was taking Xanax and Valium without a prescription indicated that she had a problem with addiction and that it would be difficult for her to make reasonable decisions about J.M.'s welfare.
Jeff Gaskin, the DHS worker assigned to the case, testified that the department wanted J.M. to remain in Maynard's temporary custody and for Maynard to remain clean and sober, submit to random drug screens, attend individual counseling, and submit to a psychological evaluation. Gaskin did not believe that inpatient treatment was needed. Although Gaskin wanted to maintain the requirement that Maynard continue to live with Owens, he recommended that she be allowed to leave with J.M. without the necessity of Owens accompanying them. According to Gaskin, all of J.M.'s needs were being met with the current safety plan and he had no concerns about J.M.'s safety or well being. Noting that Maynard's income came from babysitting, Gaskin opined that she would be unable to financially support her family without living with Owens.
Louis "Andy" Pellett, the CASA volunteer, testified that, as long as the current arrangements continued, he did not have any concerns about J.M.'s welfare. He said that Maynard was not earning enough money babysitting to support her family. He also said that Maynard was regularly attending NA meetings. Pellett reported that Maynard told him that she had submitted to a psychological evaluation in the past and that she was bipolar and schizophrenic. According to Pellett, J.M. and Maynard had a positive relationship. He did not have any concerns about DHS's recommendation that Maynard and J.M.
Christina Maynard testified that she had lived with or near Dolly Owens since before she married. She said that she was put on medications such as Klonopin, Norco, and pain medication while she lived in Washington and Oregon in 2006, but that she could not afford her medications. She explained that she tested positive for benzoids because she was taking Xanax, Valium, and pain pills. The Xanax and Valium were not prescribed for her. She also believed that she tested positive for marijuana because she had smoked marijuana a few days before J.M. was removed. Maynard denied using methamphetamine or being around J.M. when she was under the influence of anything. She also said that she was regularly attending NA meetings. She acknowledged that she was unemployed and had made little effort to obtain employment in the past four years. She also lacked transportation. Maynard was attempting to obtain Social Security benefits. Maynard's income derived from babysitting three days per week, for which she was paid $20 per day during the week and $45 per day on the weekends.
Dolly Owens testified that, except for a few months when Maynard moved to Oregon, Maynard had lived with her for several years. Owens described Maynard as a "good mother" and said that she had not seen anything that would cause her concern regarding Maynard's ability to care for J.M. She did not know of any illegal drug use by Maynard. She acknowledged that Maynard was not working enough to support J.M. on her own.
In its written order, entered on July 22, 2010, the court found J.M. to be dependent-neglected. The court found by clear and convincing evidence
Adjudication hearings are held to determine whether the allegations in a petition are substantiated by the proof. Ark. Code Ann. § 9-27-327(a)(1) (Repl.2009). Dependency-neglect allegations must be proven by a preponderance of the evidence. Ark.Code Ann. § 9-27-325(h)(2)(B) (Repl.2009). We will not reverse the circuit court's findings unless they are clearly erroneous. Seago v. Arkansas Dep't of Human Servs., 2009 Ark.App. 767, 360 S.W.3d 733. In reviewing a dependency-neglect adjudication, we defer to the circuit court's evaluation of the credibility of the witnesses. Id. The focus of an adjudication hearing is on the child, not the parent; at this stage of a proceeding, the juvenile code is concerned with whether the child is dependent-neglected. Id. An adjudication of dependency-neglect occurs without reference to which parent committed the acts or omissions leading to the adjudication; the juvenile is simply dependent-neglected. Id.; Albright v. Arkansas Dep't of Human Servs., 97 Ark.App. 277, 248 S.W.3d 498 (2007).
Arkansas Code Annotated section 9-27-303(18)(A) (Repl.2009) defines a "dependent-neglected
Maynard argues on appeal that there is no evidence that J.M. was placed at a substantial risk of serious harm because of Maynard's one failed drug test. However, the evidence revealed more than a single failed drug test. There were two tests administered by DHS, both of which were positive. There were other factors indicating that Maynard had a drug problem, including Maynard admitting that she had used marijuana just a few days prior to DHS removing J.M. and that she had been taking Xanax and Valium for some four years without a prescription for either drug. The fact that Maynard had limited, irregular income also placed J.M. at risk and was not in his best interest. See Carroll v. Arkansas Dep't of Human Servs., 85 Ark.App. 255, 148 S.W.3d 780 (2004).
The statutory definition of a neglected child does not require proof of actual harm or impairment having been experienced by the child. The term "substantial risk" speaks in terms of future harm. In Brewer v. Arkansas Department of Human Services, 71 Ark.App. 364, 43 S.W.3d 196 (2001), we explained:
71 Ark.App. at 368, 43 S.W.3d at 199; see also Arkansas Dep't of Human Servs. v. McDonald, 80 Ark.App. 104, 91 S.W.3d 536 (2002).
The circuit court took judicial notice that a parent under the influence of drugs cannot make reasonable decisions about their child's health, safety, or welfare. Maynard argues that the court's action in taking judicial notice was improper because this was not a "fact" capable of being judicially noticed and none of the other requirements for taking judicial notice were met. This argument is not preserved for our review because Maynard did not object to the circuit court taking judicial notice. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. Ark. R. Evid. 201(e). In the absence of prior notification, the request may be made after judicial notice has been taken. Id. Maynard neither objected nor requested a hearing on the propriety of judicial notice. To preserve an argument for appeal, there must be an objection in the circuit court that is sufficient to apprise that court of the particular error alleged. Love v. State, 324 Ark. 526, 922 S.W.2d 701 (1996); Ark. R. Evid. 103(a)(1).
Maynard's drug use affected her ability to care for J.M. in at least two ways.
We cannot say that the circuit court's findings are clearly erroneous. Also, we are not left with a firm conviction that a mistake has been made. Therefore, we affirm the circuit court's adjudication order.
Affirmed.
VAUGHT, C.J., and ABRAMSON, J., agree.