2013 Ark. App. 504
Ark. Ct. App.2013Background
- Nichols and Nichols appeal the termination of their parental rights to E.N. (born 2010).
- DHS removal followed Nicole’s drug use and Michael’s domestic-violence arrest; adjudication was dependent-neglected with reunification goal.
- Case plan failed: unstable housing, income, transportation, and incomplete classes and visitation.
- Michael’s five-year prison sentence occurred during proceedings; Nicole made limited progress late in the case.
- Permanency order changed goal to termination and adoption; petition filed June 26, 2012.
- Circuit court found evidence supporting at least one statutory ground and that termination was in E.N.’s best interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clear and convincing evidence supports termination on statutory grounds. | Department proved grounds for termination. | Nichols argues insufficient grounds; merits lack. | Yes; grounds proven by clear and convincing evidence. |
| Whether termination was in E.N.’s best interest. | Best interest favors termination due to stability and adoption prospects. | Best interests disputed due to potential for reunification. | Yes; termination in E.N.’s best interest. |
| Whether the Department provided appropriate services and counsel withdrawal was proper. | Department offered services; no meritorious appeal grounds. | Counsel argues services insufficient; no-merit withdrawal appropriate. | Services adequate for decision; counsel withdrawal granted. |
Key Cases Cited
- Fields v. Ark. Dep’t of Human Servs., 104 Ark. App. 37 (Ark. App. 2008) (best-interest and grounds framework for termination)
- Linker-Flores v. Ark. Dep’t of Human Servs., 359 Ark. 131 (Ark. 2004) (no-merit appeal procedure in dependency-neglect)
- Grant v. Ark. Dep’t of Human Servs., 2010 Ark. App. 636 (Ark. App. 2010) (de novo review; clear and convincing standard)