WAYMOND M. BROWN, Judge.
Britany McElroy and Brandon Fritter appeal from the circuit court's termination of their parental rights to H.F., born December 21, 2011, and Z.F., born November 23, 2010. Britany McElroy's sole point on appeal is that the trial court committed reversible error when it abused its discretion in terminating her parental rights despite her efforts to comply with the court's orders.
On January 20, 2012, a report was accepted from a hospital where H.F. had been admitted and diagnosed as failure to thrive with significant malnutrition.
On March 15, 2012, the court entered an adjudication and disposition order finding the children dependent-neglected and at risk as a result of neglect and parental unfitness. The goal of the case was reunification with a concurrent goal of adoption. The children were to remain in DHS's custody.
Following the March 14, 2012 adjudication hearing, the appellants were allowed supervised visitation for one hour twice per week. Beginning April 15, 2012, the appellants were allowed four hours of unsupervised visitation twice per week. Beginning May 15, 2012, a trial home placement began. The court's August 9, 2012 review order revealed that during the trial placement, appellants had been smoking methamphetamines with the children present in the home. This led to the children being removed on May 29, 2012.
In the August 9, 2012 review order, the court further noted McElroy's failure to test negative on drug tests, which prevented her from having visitation with the children; lack of employment; failure to attend Narcotics Anonymous; failure to attend counseling; failure to obtain a drug/alcohol assessment; failure to come in for weekly drug screens when requested; and admitted use of other people's prescription Xanax. The goal of the case remained reunification with a concurrent goal of adoption. The permanency planning hearing scheduled therein was also scheduled to be a show cause hearing for both parties regarding their use of methamphetamines during the trial placement.
A permanency planning hearing order was entered on January 11, 2013. Therein the court stated that appellants had continued illegal drug use and had not: (1) maintained stable housing or employment; (2) submitted to weekly drug screens; (3) completed counseling; (4) cooperated with DHS; or (5) demonstrated an ability to parent or protect the children. It noted that neither party was present at the hearing and that neither party had made progress toward alleviating or mitigating the causes of the juveniles' removal from the home.
A petition for termination of parental rights was filed by DHS on January 22, 2013. DHS asserted that termination of appellants' parental rights was in the best
A hearing on the petition to terminate parental rights was initially set for March 15, 2013; however, it was reset after the court appointed counsel for Fritter.
An order terminating the appellants' parental rights was entered on April 5, 2013. The court found that the same was in the best interests of the children considering their likelihood of being adopted and the potential harm if the children were returned to the parties.
This timely appeal followed.
In cases involving the termination of parental rights, there is a heavy burden placed on the party seeking to terminate the relationship.
McElroy makes the argument that the trial court committed reversible error when it abused its discretion in terminating her parental rights despite her efforts to comply with the court's orders. While she essentially argues sufficiency, we note that the standard of review is not abuse of discretion. 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.
Regarding the court's first ground, though she does not dispute that the children were out of the home for more than twelve months, McElroy argues that termination of her parental rights was not proper because she made progress toward complying with the court's orders. In support of her argument, McElroy cites her completion of psychological counseling, enrollment in college, move to a three-bedroom trailer, and being drug free. Progress toward or even completion of the case plan is no bar to termination of parental rights.
Additionally, a review of the record shows that though McElroy was making some progress initially — so much so that she was on track to have the children returned to her on July 15, 2012 — her cooperation became limited beginning with the May 2012 trial placement. In addition to the above-noted issues, the trial placement ended because McElroy was smoking methamphetamines in the children's presence. She then went on to test positive for THC in July 2012, December 2012, and February 2013, with the latter test being eleven days before the February 20, 2013 birth of a third child between her and Fritter.
McElroy was unemployed throughout the majority of the case; having been employed only twice, for short periods of time.
As this is only a sampling of actions taken by McElroy which were against court orders, there was more than enough evidence to show that in the more than twelve months since the children went into care, McElroy had failed to remedy the neglect and parental unfitness that caused the children's removal. Therefore, we find that the court's ruling terminating McElroy's rights was not clearly erroneous. Because we find that this ground was sufficient to support the termination of McElroy's rights, and only one ground is required, we do not address the court's second ground regarding issues that arose subsequent to the children's removal from McElroy's custody.
Fritter's sole argument on appeal is that the court abused its discretion in denying his motion for continuance of the termination of parental rights hearing. He argues that his court-appointed attorney did not have sufficient time to prepare because he was appointed just two weeks prior to trial and that the trial court made it difficult for counsel to access Fritter at the time of his counsel's appointment by incarcerating Fritter for failing to comply with the case plan.
The granting or denial of a motion for continuance is within the sound discretion of the trial court, and that court's decision will not be reversed absent an abuse of discretion amounting to a denial of justice.
In support of his argument, Fritter cites Arkansas Code Annotated section 9-27-316(h)(4), which states:
The entirety of appellant's motion to continue was as follows:
In response to counsel's motion, the court specifically stated:
Fritter was readily available from March 15 through the morning of the termination hearing on April 3, 2012. We find no abuse of discretion. Even if we were to find that the court abused its discretion, and we do not, appellant's only argument regarding prejudice was that his incarceration "prejudiced Appellant in his abilities to work the case plan and utilized [sic] the reunification services DHS was ordered to provide him" and led to "the ultimate prejudice of all" — his rights being terminated. This argument was not made below. Furthermore, Fritter made no arguments below regarding alleged difficulties for his counsel to access him nor did he make any arguments for a determination from the court that he, as putative father, had established significant contacts with the children. A party cannot change his argument on appeal and is bound by the scope of his arguments made to the circuit court.
Affirmed.
GLADWIN, C.J., and WOOD, J., agree.