ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
ROBERT J. GLADWIN, JUDGE
ARKANSAS DEPARTMENT OF
HEALTH and HUMAN SERVICES
MARCH 14, 2007
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
[NO. JV 2006-11]
HON. WILEY A. BRANTON, JR.,
Appellant Melissa Reeves appeals the Pulaski County Circuit Court’s April 20, 2006,
decision finding her children dependent-neglected. Appellant contends that the trial court
erred in its initial finding of probable cause that an emergency existed and in finding
sufficient evidence that the children were dependent-neglected. We affirm.
Appellant and her three-year-old son were visiting Gus Bosnick on the morning of
December 13, 2005, when appellant left her son with Bosnick to go to the store for donuts.
Appellant testified that her son stuck a toy sword into a space heater, and when
that toy ignited, he threw it onto a bed, which in turn caught flame, causing the entire
dwelling to burn.
A hair test reveals the donor’s exposure to methamphetamine particles floating in
When she returned, the dwelling was on fire. Bosnick’s daughter was burned and
hospitalized, but no one else was injured. Upon Bosnick’s daughter’s hospitalization, the
Department of Human Services (DHS) caseworker requested that the child be drug tested.
That test was positive for methamphetamine. Based upon that test, DHS required that
appellant’s son be tested for drugs as well. On December 21, 2005, appellant’s son had a
negative urine screen, but a hair test was positive for methamphetamine. Appellant’s drug
screen was negative. DHS received the positive test results on appellant’s son on or about
January 2, 2006, and both appellant’s son and daughter were taken into DHS custody
pursuant to an ex parte petition and order filed January 4, 2006.
At the probable-cause hearing held January 11, 2006, the trial court found that an
emergency existed and continued custody of the children with DHS. On