Joshua Cagle v. Arkansas Department of Human Services and Minor Child

── Joshua Cagle v. Arkansas Department of Human Services and Minor Child ── Court: Court of Appeals of Arkansas Date: April 15, 2026 Category: General Cite as 2026 Ark. App. 234 ARKANSAS COURT OF APPEALS DIVISION III No. CV-25-637 JOSHUA CAGLE Opinion Delivered: April 15, 2026 APPEAL FROM THE IZARD APPELLANT COUNTY CIRCUIT COURT [NO. 33JV-23-74] V. HONORABLE LEE WISDOM ARKANSAS DEPARTMENT OF HARROD, JUDGE HUMAN SERVICES AND MINOR CHILD AFFIRMED APPELLEES STEPHANIE POTTER BARRETT, Judge Appellant, Joshua Cagle (“Joshua”), appeals the Izard County Circuit Court’s order terminating his parental rights to his child, Minor Child (“MC”) (DOB 11/11/23). On appeal, Joshua argues that the circuit court erred in finding that termination was in MC’s best interest. We affirm. On November 30, 2023, the Arkansas Department of Human Services (“DHS”) filed a petition for emergency custody and dependency-neglect in the Izard County Circuit Court regarding Joshua, Shelby Cagle (“Shelby”), and MC after MC tested positive for 6- acetylmorphine (a metabolite of heroin), amphetamines, codeine, fentanyl, methamphetamine, and morphine. Shelby tested positive for methamphetamine, opioids, and marijuana. DHS exercised a seventy-two-hour hold, and that same day, the circuit court entered an ex parte order granting emergency custody. At the time of the hold, MC was approximately three weeks old, and Shelby had died after suffering a stroke at the time of MC’s birth. After his birth, MC was transferred to Arkansas Children’s Hospital (ACH). DHS was notified by the hospital and anonymous family members that Joshua was reported to be under the influence of illegal substances at the hospital, and his behavior was erratic. During this time, Joshua was uncooperative with DHS. He missed meetings with DHS, and he refused to submit to drug screening. ACH further reported that while MC was in the hospital’s care, Joshua’s visits with him were inconsistent and brief. On December 5, 2023, the circuit court held a probable-cause hearing, found that probable cause continued to exist, and that it was necessary and in MC’s best interest to remain in DHS’s custody. On February 26, 2024, the circuit court held an adjudication hearing and found by a preponderance of the evidence that MC was dependent-neglected on the basis of Joshua’s parental unfitness due to his substance abuse. The circuit court found the allegations in the emergency-custody petition true and correct and noted that Joshua was incarcerated in the Izard County jail at the time of the hearing. The goal of the case was reunification with a concurrent goal of placement with a relative. On May 10 and July 16, 2024, the circuit court held review hearings and found that the goal remained reunification with a fit parent. At both review hearings, the circuit court 2 found that Joshua was not in compliance with the case plan due to his incarceration and awaiting trial on numerous felony charges. On October 1, 2024, DHS filed a petition for termination of parental rights alleging three statutory grounds: (1) subsequent factors; (2) prison sentence for a substantial period of the child’s life; and (3) aggravated circumstances. See Ark. Code Ann. § 9-27- 341(b)(3)(B)(vii)(a), (viii), (ix)(a)(3)(A) (Supp. 2023).1 The circuit court held a permanency-planning hearing on October 14, 2024, and changed the goal of the case to adoption. The circuit court found that Joshua, again, was not compliant with the case plan because he failed to make himself available to DHS befor