Minor v. Ark. Dep't of Human Servs. , 2016 Ark. App. 549 ( 2016 )

Cite as 2016 Ark. App. 549
ARKANSAS COURT OF APPEALS
DIVISION III
CV-16-646
No.
Opinion Delivered: November 16, 2016
JESSICA MINOR
APPEAL FROM THE UNION
APPELLANT COUNTY CIRCUIT COURT
[NO.70 JV-2015-50]
V.
ARKANSAS DEPARTMENT OF HUMAN HONORABLE EDWIN KEATON,
SERVICES AND R.M., A MINOR CHILD JUDGE
APPELLEES AFFIRMED; MOTION TO
WITHDRAW GRANTED
BART F. VIRDEN, Judge
On May 4, 2016, the Union County Circuit Court entered the order terminating
Jessica Minor’s parental rights to R.M. (born 3/8/15). Pursuant to Linker-Flores v. Arkansas
Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and Arkansas Supreme
Court Rule 6-9(i) (2013), Minor’s counsel has filed a no-merit brief and a motion to
withdraw, alleging that there are no meritorious grounds for appeal. Minor was given an
opportunity to file pro se points for reversal but declined to do so. We affirm the termination
and grant the motion to withdraw.
The Department of Human Services (Department) initiated the case on March 13,
2015, when a petition for emergency custody was filed, and R.M. was placed in its care
after it was determined that he had been born with drugs in his system.
R.M. was adjudicated dependent-neglected due to his positive drug test. The circuit
court set a goal of reunification with a concurrent goal of adoption and ordered supervised
Cite as 2016 Ark. App. 549
visitation. The circuit court ordered appellant to comply with the case plan, obtain stable
housing and maintain the utilities, obtain stable employment, complete parenting classes,
submit to drug screening, undergo a psychological evaluation, complete a drug assessment
and follow the pursuant recommendations, refrain from drug use, and participate in
counseling.
The case continued for nine months with little improvement in Minor’s
circumstances. During the case, Minor attended only five supervised visitations, she had not
obtained stable employment or housing, and she tested positive for drugs. The Department
sought termination of Minor’s parental rights through a petition filed on December 29,
2015, alleging that termination was in the child’s best interest and that Minor was unfit
under three grounds: (1) Arkansas Code Annotated section 9-27-341(b)(3)(B)(i)(a), the
“subsequent factors” ground, which allows for termination if other factors or issues arose
subsequent to the filing of the original petition for dependency-neglect that demonstrate
that placement of the juvenile in the custody of the parent is contrary to the juvenile’s
health, safety, or welfare and that, despite the offer of appropriate family services, the parent
has manifested the incapacity or indifference to remedy the subsequent issues or factors or
rehabilitate the parent’s circumstances that prevent the placement of the juvenile in the
custody of the parent; (2) Arkansas Code Annotated section 9-27-341(b)(3)(B)(ix)(a)(4),
which allows for termination if the parent has previously had parental rights involuntarily
terminated to a sibling of the juvenile; and (3) Arkansas Code Annotated section 9-27-
341(b)(3)(B)(ix)(a)(3), the “aggravated circumstances” ground, which allows for termination
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Cite as 2016 Ark. App. 549
if it is determined that there is little likelihood that services to the family will result in
successful reunification.
At the hearing on March 7, 2016, Minor testified that she was incarcerated and would
not be released until October or November 2016. The circuit court found that the statutory
grounds alleged in the petition had been proved and that it was in the child’s best interest
to terminate parental rights, considering the high likelihood that he would be adopted and
the potential for harm if he were returned to Minor’s custody. The circuit court granted the
petition.
In compliance with Linker-Flores and Rule 6-9(i), Minor’s counsel has examined the
record for adverse rulings and has adequately discussed why there is no arguable merit to an
appeal of the decision to terminate Minor’s parental rights, noting that there was one adverse
ruling, other than the termination decision, concerning Minor’s request for more time. After
carefully examining the record and the no-merit brief, we hold that Minor’s counsel has
complied with the requirements for a no-merit parental-rights-termination appeal and that
the appeal is wholly without merit. We therefore affirm the termination of Minor’s parental
rights to R.M. by memorandum opinion, In re Memorandum Opinions, 16 Ark. App. 301,
700 S.W.2d 63 (1985), and grant the motion to withdraw.
Affirmed; motion to withdraw granted.
GLOVER and WHITEAKER, JJ., agree.
Tabitha McNulty, Arkansas Public Defender Commission, for appellant.
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