Minor v. Ark. Dep't of Human Servs.
2016 Ark. App. 549
| Ark. Ct. App. | 2016Background
- Child R.M. born March 8, 2015, tested positive for drugs; DHS took emergency custody March 13, 2015.
- Juvenile adjudicated dependent-neglected; court set reunification as primary goal with concurrent adoption, ordered supervised visitation and a case plan for appellant Jessica Minor.
- Case-plan requirements included stable housing and employment, parenting classes, drug screening and treatment, psychological evaluation, and counseling.
- Over nine months Minor attended only five supervised visits, failed to obtain stable housing or employment, tested positive for drugs, and was incarcerated until at least October/November 2016.
- DHS filed a petition (Dec. 29, 2015) seeking termination of Minor’s parental rights alleging three statutory grounds and that termination was in the child’s best interest.
- The circuit court found the statutory grounds proven and terminated Minor’s parental rights; Minor’s counsel filed a Linker-Flores no-merit brief and moved to withdraw; Minor declined to file pro se points.
Issues
| Issue | Plaintiff's Argument (Minor) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Whether statutory grounds supported termination (subsequent factors) | Minor did not present a meritorious challenge to findings that subsequent factors made custody contrary to child’s welfare | DHS argued subsequent factors, failure to remedy despite services, supported termination | Court held subsequent-factors ground proved and supported termination |
| Whether prior involuntary termination of parental rights to a sibling supported termination | Minor did not successfully contest relevance/applicability of prior termination | DHS alleged Minor previously had parental rights involuntarily terminated to a sibling, supporting termination | Court found prior involuntary-termination ground proven |
| Whether aggravated-circumstances ground (low likelihood services will achieve reunification) applied | Minor did not show services were likely to succeed given incarceration, ongoing drug use, and instability | DHS argued little likelihood of successful reunification given Minor’s incarceration, drug positives, and lack of progress | Court held aggravated-circumstances ground proved |
| Whether appeal presented any arguable issues and whether counsel may withdraw under Linker-Flores/Rule 6-9(i) | Counsel asserted no meritorious grounds for appeal; Minor declined to file pro se points | DHS supported enforcement of procedure and affirmance | Court accepted no-merit brief, found appeal wholly without merit, affirmed termination, and granted counsel’s motion to withdraw |
Key Cases Cited
- Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004) (establishes standards for counsel’s no-merit brief and withdrawal in parental-rights-termination appeals)
- In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985) (authorizes affirmance by memorandum opinion)