Williams v. Ark. Dep't of Human Servs., 2019 Ark. App. 194

DHS filed for emergency custody after K.P. brought a water bottle containing methamphetamine; Tina later tested positive for methamphetamine and oxycodone and admitted recent meth use.
Children were adjudicated dependent-neglected; Tina was ordered to complete services (parenting, drug treatment and screens, psychological evaluation) and the goal initially was reunification.
Over nearly three years Tina repeatedly failed to complete treatment, tested positive on numerous drug screens, lacked stable housing and employment, and had ongoing domestic-violence issues.
DHS filed petitions to terminate parental rights; the final termination hearing occurred on August 29, 2018; Tina was represented by counsel but left the courthouse after the noon recess and was absent when the hearing began at 4:00 p.m.
Tina’s counsel orally moved to withdraw and, if denied, moved for a continuance because Tina was not present; the court denied both motions and proceeded; DHS presented evidence of Tina’s drug use, noncompliance, and that the children were adoptable.
The trial court terminated Tina’s parental rights, finding statutory grounds and that termination was in the children’s best interest; Tina appealed only the denial of the continuance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by denying an oral motion for continuance when mother was absent at the hearing	Williams argued the denial was arbitrary and prejudicial; she should have been allowed to have her case continued until her presence or until the other father’s continued hearing	DHS (and trial court) argued Williams knew of the hearing, left without explanation after being told the hearing would be later that day, and counsel’s request was based only on her unexplained absence	Court held no abuse of discretion: continuance properly denied because mother was not diligent, offered no reason for absence, and appellant failed to show prejudice

Bartelli v. Ark. Dep't of Human Servs., 552 S.W.3d 51 (Ark. App. 2018) (affirming denial of continuance where appellant was absent without explanation)
M.T. v. Ark. Dep't of Human Servs., 952 S.W.2d 177 (Ark. App. 1997) (termination requires proof of statutory ground and that termination is in child’s best interest)