Mai Htoo v. Arkansas Department of Human Services and Minor Children

── Mai Htoo v. Arkansas Department of Human Services and Minor Children ── Court: Court of Appeals of Arkansas Date: April 29, 2026 Category: General Cite as 2026 Ark. App. 262 ARKANSAS COURT OF APPEALS DIVISION II No. CV-25-726 MAI HTOO Opinion Delivered April 29, 2026 APPELLANT APPEAL FROM THE JOHNSON COUNTY CIRCUIT COURT V. [NO. 36JV-24-44] ARKANSAS DEPARTMENT OF HONORABLE KEN D. COKER, JR., HUMAN SERVICES AND MINOR JUDGE CHILDREN APPELLEES AFFIRMED STEPHANIE POTTER BARRETT, Judge Appellant, Mai Htoo (“Htoo”), appeals the Johnson County Circuit Court’s order terminating her parental rights to her children, Minor Child 1 (“MC1”) (DOB 10/25/13), Minor Child 2 (“MC2”) (DOB 11/13/17), Minor Child 3 (“MC3”) (DOB 08/26/20), and Minor Child 4 (“MC4”) (DOB 11/28/21).1 On appeal, Htoo argues that the circuit court erred in finding sufficient evidence to support the statutory grounds for termination. We affirm. An Arkansas Department of Human Services (DHS) family service worker attested that on April 24, 2024, DHS received a report from the children’s grandparent that Htoo 1 MC1, MC2, MC3, and MC4 share the same mother but have different fathers. Neither father is a party to this appeal. left the house with MC2 while wearing no shoes, had taken pills, and was “talking crazy.” DHS workers responded to the house and later located Htoo and MC2 in a bank parking lot with police officers who had been called by the bank employees. Htoo stated that she was trying to walk to her car that was broken down, and if she was able to start her car, it would “save the whole world.” She also told the DHS worker that she was a queen who controlled everything. Officers transported Htoo and MC2 back home. Htoo agreed to an alcohol swab, which was negative, but she refused to take a drug screen. Htoo continued to act erratic, yelling at MC1 and pushing her aside. On April 26, 2024, Htoo submitted to a drug screen and tested positive for methamphetamine, amphetamines, and THC. DHS implemented a safety plan placing the children with their grandparents and restricting Htoo’s access to them. On May 1, DHS filed a petition for ex parte emergency order for protection of juvenile from immediate danger regarding the children in the Johnson County Circuit Court. After MC1 reported to her teacher via Facebook that she and her siblings were hiding in a closet because Htoo was intoxicated and they were scared, DHS exercised a seventy-two- hour hold on the children. On May 3, DHS filed a petition for emergency custody and dependency-neglect, and the circuit court granted DHS’s request for emergency custody that same day. The circuit court’s ex parte order for emergency custody found there was probable cause that the children were dependent-neglected, and they were ordered to be immediately removed from the custody of Htoo and placed into the custody of DHS. 2  On May 7, the circuit court held a probable-cause hearing and found there was probable cause in that the emergency conditions that necessitated removal of the children from the custody of Htoo continued, it was contrary to the children’s welfare to be returned home, and it was necessary for them to continue in the custody of DHS. The circuit court ordered Htoo to submit to random drug screens, obtain and maintain stable and appropriate housing, participate in counseling and a psychological evaluation, submit to a drug-and- alcohol assessment, and complete and follow any recommendations. On June 18, 2024, the circuit court held an adjudication hearing and found by a preponderance of the evidence that the children were dependent-neglected b