11 In sеparate briefs, appellants, Shannon Madison and Gary Knuckles, contend that the Craighead County Circuit Court erred in terminating their parental rights because the evidence was insufficient to prove that termination was in the best interest of the children. Knuckles also argues that he was not provided the requisite services by the Arkansas Department of Human Services (DHS). We affirm.
The five children involved in- this case were born to Madison — CM (12/17/98); DM (11/29/00); MM (7/21/03); SM (9/17/04); and CK (1/19/06). Knuckles is the biological father of CK, and Dennis Madison is the biological father of the remaining fоur.
After an adjudication of dependency-neglect and three further review hearings, a permanency-planning order was filed on December 13, 2011, reflecting a June 15, 2011 hearing. The circuit court found that it was in the children’s best interest that the goal of the case continue to be reunification because Madison had been complying with the case plan and court orders and had made significant measurable progress. The children had been on a trial placement with Madison since May 10, 2011, and the circuit court found that the placement had been successful to that point. Knuckles had complied with the case plan and court orders by being available for a random home visit and by submitting to random drug | -¡screens during visitation, which were negative. However, the circuit court found that Knuckles did not comply by refusing to submit to а random drug screen on May 31, 2011, which was deemed positive. The parents were ordered to continue complying with the previous orders.
A petition for termination of parental rights was filed on December 12, 2011, alleging that termination of parental rights was in the best interest of the children, taking into consideration the likelihood of adoption and the potential harm caused by returning them to their mother’s custody. The petition made the same allegations as those made m the affidavit attached to the original petition for emergency custody and added that Madison had cooperated for a while and a trial placement began with her on May 10, 2011. However, that placement was disrupted due to Madison’s noncompliance because she failed to maintain сontact with DHS.
The petition alleged that Madison allowed Knuckles to live in the home with her and the children. DHS lost contact with Madison on June 28, 2011, and Knuckles did not maintain contact with DHS. During this time, Madison did not continue the children in counseling as ordered. DHS located the children on August 24, 2011. The petition further alleged that neither parent had obtained stable housing or employment and the children had been outside the home for more than twelve months. The petition also alleged that other factors arose after the original pеtition was filed, and those factors demonstrated that returning the children to their parents would be contrary to their health, safety, and welfare, and that the parents manifested an indifference or incapacity to remedy the subsequent |4issues. Those issues were identified as the disrupted trial placement and Knuckles’s living in the home with Madison and her children.
A fifteen-month review hearing was held on February 10, 2012, with an order filed February 21, 2012. The circuit court found that returning the children to Madison’s custody was contrary to their welfare, and that it was in their bеst interest to remain in DHS custody. The goal of the case was changed to adoption. The circuit court found that Madison and Knuckles had not complied with the case plan because Knuckles had not established paternity, had not complied with the reсommendations of the drug-and-alcohol assessment, had not maintained contact with
A termination hearing was held on June 7, 2012, and the circuit court terminated parental rights by order filed October 25, 2012, finding specifically that it was in the children’s best interest, taking into consideration the likelihood that they would be adopted and the pоtential harm to their health and safety if returned to their parents. The circuit court found that the conditions which caused removal had not been remedied as follows:
[Both] have failed to comply with the case plan and orders of the Court. When the juveniles wеre removed, Gary Knuckles also lived in the home. There is a true finding of sexual abuse, specifically sexual contact, against Gary Knuckles with the victim being his older daughter. Also at the time of removal there was a pending sexual abuse allegation that the mother’s brother sexually abused two of the juveniles, specifically CK and SM, and that report has since been found true. The Court adjudicated the juveniles dependent-neglected on 8/24/10 based on parental unfitness due to the mother’s arrest and positive test for methamphetamine. The arrest arose during a traffic stop where the mother was observed hiding methamphetamine under the car seat. All five children were in the car. Gary Knuckles refused a drug test at the time of removal. The Court also found neglect based on the children being in |5the car during the arrest and all were inappropriately dressed and none were wearing seat belts. The mother did comply enough that the Court allowed a trial home placement on 5/10/11, however, that trial placement disrupted due to the mother not maintaining contact with the [DHS], and the mother allowing Gary Knuckles to live in the home with the children. [DHS] had contact with the mother on 6/28/10, and then neither Gary Knuckles or Shannon Madison had contact with [DHS]. The FSW attempted to make contact at the last known address on 5/31/11, 6/7/11, 6/22/11, and 7/11/11. The mother also did not maintain therapy for the children. The family could not be located until 8/24/11. The mother and Gary Knuckles continued to be together during and after the disrupted trial placement. Neither has maintained stable employment or housing. The housing situation is the same as when the children were removed. Mr. Knuckles has failed to comply with treatment.
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The Court finds the testimony of Terri Blanchard to be credible and Shannon Madison and Gary Knuckles failure to comply with the case plan, and to show some basic level of stаbility demonstrate how the juveniles would be at risk of potential harm if returned to [them].
From this order terminating their parental rights, both Madison and Knuckles timely appeal.
Termination-of-parental-rights cases are reviewed de novo. Hune v. Ark. Dep’t of Human Servs.,
In order to terminate parental rights, a trial cоurt must find by clear and convincing evidence that termination is in the best interest of the juvenile, taking into consideration (1) the likelihood that the juvenile will be adopted if the termination petition is granted and (2) the potential harm, specifically addressing the effect on the health and safety of the child, caused by returning the child to the custody of the parent. Ark.Code Ann. § 9-27-341 (b)(3)(A)(i) & (ii) (Supp.2011). Additionally, the trial court must find by clear and convincing evidence that one or more statutory grounds for termination exists. Ark.Code Ann. § 9-27-341(b)(3)(B). One statutory ground as set forth in the statute is that the child has been adjudicated by the court to be dependent-neglected and has continued to be out of the custody of the parent for twelve months, and despite a meaningful effort by the department to rehabilitate the parent and corrеct the conditions that caused removal, those conditions have not been remedied by the parent. Ark.Code Ann. § 9-27-341 (b)(3)(B)(i)(a). Proof of only one statutory ground is sufficient to terminate parental rights. Gossett v. Ark. Dep’t of Human Servs.,
Madison argues that the circuit court erred in finding that termination of her parental rights was in the children’s best interest. Knuckles’s argument is similar to Madison’s, but it is applicable only to his biological child, CK. He contends that because the law favors preservation, not severance, of natural familial bonds, Benedict v. Ark. Dеp’t of Human Servs.,
We agree with DHS and the attorney ad litem that the circuit court’s order terminating parentаl rights was not clearly erroneous. During the twenty-four months that the case was open, a trial placement with Madison took place, but Madison failed to follow the circuit court’s order. Knuckles, who had a true finding of a sexual offense against his minor daughter and wаs a convicted felon for trading pseu-doephedrine for methamphetamine, tested positive for taking illegal drugs during the pendency of the case.
In addressing Madison’s and Knuckles’s only challenge — the circuit court’s best-interest findings — two factors must be considered: (1) the likelihood that the children will be adopted if termination is granted, and (2) the potential harm caused by continuing contact with the parents. Ark.Code Ann. § 9-27-341(b)(3)(A).
IsSecond, the circuit court’s finding that the children would suffer potential harm from continued contact with the parents does not leave this court with a definite and firm conviction that a mistake was made. Neither parent was ready for custody of these five children after two years, as Knuckles wanted only visitatiоn to continue and Madison sought in her appellate brief more time and the continuation of reunification services. On appeal, the appellate court does not substitute its own judgment or second guess the credibility determination of the circuit cоurt; we will reverse in those cases only where a definite mistake has occurred. KC. v. Ark. Dep’t of Human Servs.,
DHS and the attorney ad litem note that Knuckles’s argument that DHS did not provide him with adequate services is not a best-interest argument, and it does not make sense in light of his assertion during the termination-of-parental-rights hearing that he had spent $10,000 on attorney’s fees. Also, they contend that, even if they had paid for his therapy, it would not have erased his sexual-abuse finding or the fact that he was a felon who traded pseu-doephedrine for methamphetamine. We agree.
Affirmed.
Notes
. Dennis Madison's parental rights are addressed in a separate termination case filed by DHS.