PHILLIP T. WHITEAKER, Judge.
Jessica Clark is the mother of three children: J.C., K.C., and B.W. In September 2013, the Department of Human Services (DHS) removed all three children from Clark's care in a dependency-neglect action filed in the Ouachita County Circuit Court. DHS named and identified Charles Weeks as the putative father of B.W. Weeks was later adjudicated the father of B.W. by the circuit court at the probable-cause hearing upon stipulation of paternity by Clark and Weeks. Eventually, the court awarded permanent custody of B.W. to Weeks.
Clark appeals this award of custody and appears before us as the appellant. Clark raises two arguments for reversal. First, she argues that the trial court used the wrong standard to determine whether the modification of custody was appropriate. Second, in the alternative, she asserts there was insufficient evidence to support the trial court's determination that a change of custody was appropriate. Weeks does not appear before us. DHS and the attorney ad litem (AAL) are the appellees and have filed responsive briefs to Clark's appeal. They also filed a joint motion to dismiss the appeal, arguing that the appeal should be dismissed on jurisdictional grounds.
Before we reach the merits of Clark's appeal, we must first address the jurisdictional issue raised in the appellees' joint motion to dismiss. To understand the motion, we must look to the procedural history of the circuit court's actions.
The court received evidence concerning the custody of B.W. in separate hearings conducted in December 2014 and January 2015. The court did not rule from the bench. Instead, on January 29, 2015, the trial court issued a letter ruling granting immediate permanent custody of B.W. to Weeks and setting forth the basis for its ruling. The court directed the AAL to prepare an order consistent with the decision set forth in its letter opinion. Despite the court's direction, no order was entered
Both DHS and the AAL contend that the appeal should be dismissed because the notice of appeal was filed more than 21 days
We now turn to the merits of Clark's appeal. For her first point on appeal, Clark argues that the trial court utilized the wrong standard in awarding custody to Weeks. More specifically, Clark argues that the change-of-custody request in this case arose solely out of a dependency-neglect action and, as such, is governed by the juvenile code. Pursuant to Ark.Code Ann. § 9-27-334(a)(2)(A) (Repl.2015), if a juvenile is found to be dependent-neglected, the circuit court may enter an order transferring custody of the juvenile to a relative or other individual if to do so is in the best interest of the juvenile. Keckler v. Ark. Dep't of Human Servs., 2011 Ark.App. 375, 383 S.W.3d 912. When a trial court decides that a change of custody should be effected under the juvenile code, the court must follow the procedures and dispositions set forth in the code. Miller v. Ark. Dep't of Human Servs., 86 Ark.App. 172, 177, 167 S.W.3d 153, 156 (2004). Here, Clark argues that the court failed to properly follow the statutory guidelines, including the requirement of a home study, for a transfer of custody under the juvenile code. Instead, she asserts that the court utilized the material-change-of-circumstances standard from domestic-relations proceedings to determine whether the modification of custody was appropriate.
Clark's assertions hold an element of truth. Clearly, the change-of-custody request in this case arose solely out of a dependency-neglect action.
Here, the trial court clearly utilized the material-change-of-circumstances standard from domestic-relations proceedings to determine the award of custody to Weeks. The court held two evidentiary hearings before awarding custody to Weeks: a review hearing on December 14, 2014, and a continued evidentiary hearing on January 26, 2015. At the conclusion of the December 2014 review hearing, the AAL requested that Weeks be awarded custody. In response, the only objection made by Clark was that she had not been put on notice of a request for change of custody and was not prepared to put on rebuttal evidence.
While Clark's assertions are correct, they cannot serve as a basis for reversal. We have long held that appellants are limited by the scope and nature of the arguments and objections presented at trial. See Marlow v. United Sys. of Ark., Inc., 2013 Ark. 460, 2013 WL 6047032. The only objection made by Clark at the December 2014 review hearing was one of notice, which the trial court attempted to address by continuing the hearing. We find no reference in the record where Clark presented to the trial court the arguments she now presents on appeal. Our court has consistently held that a party's failure to present an argument before the trial court cannot form the basis for reversal. See Keckler v. Ark. Dep't of Human Servs., supra; Broderick v. Ark. Dep't of Human Servs., 2009 Ark.App. 771, 358 S.W.3d 909; Ark. Dep't of Health & Human Servs. v. Jones, 97 Ark.App. 267, 248 S.W.3d 507 (2007). In fact, our supreme court has held that even "[d]e novo review does not mean that this court can entertain new issues on appeal when the opportunity
Moreover, Clark's arguments are barred by the doctrine of invited error. The doctrine provides that a person cannot complain of an alleged erroneous action of the trial court if he himself induced such action. Peeks v. Ark. Dep't of Human Servs., 304 Ark. 172, 174, 800 S.W.2d 428, 429 (1990). Below, Clark's attorney argued to the trial court that a "significant change of circumstances" was required to effectuate a change of custody, and that the court could not consider any evidence prior to the children being returned to her at the probable-cause hearing. In fact, her entire argument in support of her directed-verdict motion focused on the sufficiency of the evidence produced as to a significant change of circumstances. She now claims on appeal that the trial court's consideration and ruling in that regard was in error. Because she not only failed to object to the trial court's consideration of a "significant change in circumstances" but, in fact, invited the error, we are unable to reverse on this basis.
We next turn to Clark's second argument: whether there was sufficient evidence to support the trial court's decision to transfer custody from Clark to Weeks. Clark challenges the sufficiency of evidence to support the trial court's conclusions regarding whether there had been a significant change of circumstances and whether the transfer of custody was in the best interest of the child. In juvenile proceedings, our standard of review on appeal is de novo. Under this standard, we give no deference to the trial court's conclusions of law. Young v. Ark. Dep't of Human Servs., 2012 Ark. 334, at 3, 2012 WL 4163177; Stehle v. Zimmerebner, 375 Ark. 446, 456, 291 S.W.3d 573, 580 (2009). However, we give due deference to the superior position of the circuit court to view and judge the credibility of the witnesses. Thomas v. Ark. Dep't of Human Servs., 2012 Ark.App. 309, 419 S.W.3d 734. Under de novo review, we do not reverse unless the circuit court's 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 committed. Stewart v. Ark. Dep't of Human Servs., 2011 Ark.App. 577, 2011 WL 4477858. Based on this standard, we now turn our attention to the evidence before the trial court.
There is admittedly some evidence to support the trial court's decision to transfer custody from Clark. B.W. was removed from Clark's care because Clark reported suicidal ideations, admitted addiction to hydrocodone, was experiencing symptoms of detox, and was unable to obtain proper medical treatment for these symptoms due to issues with Medicaid. At the time of the removal, B.W. was filthy and had feces falling out of his diaper. Despite these concerns, B.W. was returned to Clark's care after the probable-cause hearing. B.W. remained in Clark's care while the matter was reviewed by the court in February, April, July, and September 2014.
Throughout the course of the dependency-neglect action, the court heard evidence concerning Clark's compliance with the case plan. With regard to the case plan, Clark was to receive treatment for both mental-health and addictive issues. In regard to the mental-health issues, Clark had missed numerous scheduled appointments with her therapist. However, the therapist acknowledged that Clark had rescheduled
Throughout the course of the dependency-neglect action, the court heard evidence concerning Clark's parenting skills. The court heard evidence regarding two separate but isolated incidents involving Clark's attention to her children. In the first incident, Clark requested that a total stranger supervise her children while Clark went into a tobacco store. Clark denied this incident. In the second incident, one of B.W.'s half siblings wandered away from Clark's care and was found unattended and walking in a roadway. Clark admitted that this incident occurred but explained how she did the best she could to find the child and deal with a terribly unnerving situation.
Additionally, the court heard concerns from Weeks and his relatives concerning Clark's parenting skills. They expressed concerns that B.W. was always dirty and had a diaper rash after returning from Clark's care. They expressed further concerns that B.W. was suffering from developmental delays, that Clark had failed to get him into therapy, and that B.W. had begun butting his head on the floor. While expressing these concerns at the hearing, they admitted a failure to report them to DHS. Lastly, they expressed a concern over an incident when Clark requested that B.W. be returned from visitation and dropped off at the VFW bar where Clark was working.
While there is some evidence to support the court's determination, there is other evidence that needs further development and should have been considered by the court. The trial court's order in this case focused primarily on what it perceived to be the shortcomings of Clark and why Clark should not be given custody of the child, but spent little attention to Weeks as an appropriate parent. Admittedly, the court noted in its order Weeks's appearance at all court sessions, his attendance at scheduled visitation, his employment, and his nebulous ability to "attend to the needs" of B.W. However, the trial court's order did very little to assess Weeks's stability as a parent or his ability to care for the child. There was some evidence for the court to consider concerning Weeks. Weeks held two different, relatively new, part-time jobs.
When the entire record is considered, we must reverse and remand because we are left with a definite and firm conviction that a mistake was committed when the trial court found that it was in B.W.'s best interest to be placed in the permanent custody of Weeks without fully considering the effect such a transfer might have on him. See Ingle v. Ark. Dep't of Human Servs., 2014 Ark. 53, at 9, 431 S.W.3d 303, 308. Because the trial court erred in failing to consider all the relevant factors in determining whether transfer of custody to Weeks was in the best interest of the child, we need not address Clark's other argument with respect to the sufficiency of the evidence to support a conclusion that there had been a material change of circumstances. Moreover, we need not address this issue because it is unlikely that the court will utilize this standard on remand. See Va. Ins. Reciprocal v. Vogel, 73 Ark.App. 292, 295, 43 S.W.3d 181, 183 (2001).
Finally, in making this determination, we recognize that in domestic-relations custody disputes we only consider what is in the best interest of the child after the material-change-of-circumstances threshold has been met. See McCoy v. Kincade, 2015 Ark. 389, 473 S.W.3d 8. However, our decision here is based on the unique facts and procedural anomalies presented to us in this particular dependency-neglect action. Therefore, we caution counsel that our analysis in this case should not be used as precedent in domestic-relations custody actions and should not be misconstrued as contradicting or overruling our previous decisions in domestic-relations custody disputes.
Reversed and remanded for further proceedings consistent with this opinion.
Abramson and Hoofman, JJ., agree.