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J.M. v. Arkansas Department of Human Services9/13/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
The parental rights of Telina Mitchell (Telina) were terminated as to J.M., DOB 6-17-92; B.M., DOB 10-28-93; P.M., DOB 11-29-94; and E.M., DOB 9-9-96. The children now bring this appeal, arguing that there is insufficient evidence to support the termination of parental rights and that such termination violates the Americans with Disabilities Act. We affirm.
The Arkansas Department of Human Services (DHS) was granted an order of emergency custody on March 31, 1997, after alleging that the children were dependent/neglected, and the children were placed in foster care. The affidavit attached to DHS's emergency petition stated that there was a history of physical abuse and neglect by the natural father and Telina; that Telina left B.M. outside unsupervised, and he was nearly run over by two vehicles; that the children's feces-filled diapers were not changed on a regular basis, resulting in diaper rash; that the two older boys, ages five and three-and-a-half, were not potty-trained because Telina said she had too much to do in caring for four children; and that the boys were believed to be developmentally delayed and were in need of intensive services if they were to progress. It was further noted that Telina had failed to complete the necessary paperwork for food stamps and other services, even when given assistance; that her usual mode of communication with her children was screaming at them; and that she continually used expletives in the children's presence. When the emergency petition was filed, Telina was living in a two-bedroom house with her sister and niece and the sister's boyfriend.
After a hearing on April 8, 1997, the trial judge found that the children were dependent/neglected and that their return to Telina's custody at that time was contrary to their best interests. The trial judge further ordered Telina to undergo a psychological examination; to attend and complete parenting classes; and to obtain and maintain a permanent residence. The results of Telina's psychological evaluation were filed with the court on August 8, 1997, and indicated that Telina was mildly mentally retarded and had repeatedly failed to provide adequate supervision and protection for her children.
Review hearings were held August 19, 1997; April 7, 1998; September 22, 1998; October 13, 1998; and December 22, 1998. At each of the hearings, the trial judge found that it was in the best interests of the children to remain in DHS custody, with the goal of reunification. However, at the December 1998 hearing, counsel for DHS announced her intent to file a petition to terminate Telina's parental rights.
At the termination hearing on August 17, 1999, Telina testified that she was living in a house and that her boyfriend, Melvin Green, was helping to repair it so it would pass HUD inspection. She admitted that B.M. had gotten out of the house and was almost hit by two cars, but she stated that she could not watch the children and clean the house as well. She believed the reason she had not been able to regain custody of her children was that she moved around "quite a bit," admitting that the longest period of time she lived in one place was seven or eight months. When asked about her children's medical conditions, she was unable to recall B.M.'s condition and did not know the type medication he was taking. With regard to J.M., who is a severe asthmatic, Telina said that the only medication she knew he used was a "pump." Telina stated that she and Green smoked, but if she regained custody of the children, they would not smoke around J.M.
Telina testified that she had exercised visitation every week for the last
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