Anderson v. Ark. Dep't of Human Servs.

2019 Ark. App. 13, 568 S.W.3d 768
Court of Appeals of Arkansas·Decided January 16, 2019·No. No. CV-18-701·Published

Opinion

DAVID M. GLOVER, Judge

Leo Anderson appeals from the May 29, 2018 order terminating his parental rights to his daughter, BA (d.o.b. 3/22/2017). His counsel has filed a motion to withdraw and a no-merit brief pursuant to Linker-Flores v. Arkansas Department of Human Services , 359 Ark. 131, 194 S.W.3d 739 (2004), and Rule 6-9(i) of the Rules of the Arkansas Supreme Court and Court of Appeals, contending there is no meritorious basis for the appeal. The clerk of our court sent copies of the brief and the motion to withdraw to Anderson's last-known address, informing him of his right to file pro se points for reversal pursuant to Rule 6-9(i)(3) ; however, he has filed no points. We affirm the termination of his parental rights and grant counsel's motion to withdraw.

A trial court's order terminating parental rights must be based on findings proved by clear and convincing evidence. Wagner v. Arkansas Dep't of Human Servs. , 2018 Ark. App. 554, 566 S.W.3d 478. Clear and convincing evidence is defined as that degree of proof that will produce in the fact-finder a firm conviction as to the allegation sought to be established. Id. On appeal, we review termination cases de novo. Id. We will not reverse the trial court's ruling unless its findings is clearly erroneous. Id. A finding in clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been made. Id. In determining whether a finding is clearly *770erroneous, we give due deference to the trial court's opportunity to judge the credibility of witnesses. Id.

Termination of parental rights is a two-step process requiring a determination that the parent is unfit and that termination is in the best interest of the children. Bailey v. Arkansas Dep't of Human Servs. , 2018 Ark. App. 553, 566 S.W.3d 472. The first step requires proof of one or more statutory grounds for termination; the second step requires that termination be in the children's best interest. Id.

Counsel informs us in her brief that the only ruling adverse to Anderson was the termination itself and that there was sufficient evidence to support the termination. We agree.

BA tested positive at birth for amphetamines and was taken into DHS custody on March 27, 2017. Her mother, Patricia Funderburg, also tested positive for amphetamines. Her parental rights have been terminated, but she is not part of this appeal.

Anderson, a putative father at that point, was tested for paternity. On May 25, 2017, the trial court adjudicated BA dependent-neglected, finding she was at substantial risk of serious harm because she tested positive for illegal substances when she was born. The goal was established as reunification with a fit parent; Anderson was found to be the legal father; and counsel was appointed to represent him.

At the August 24, 2017 permanency-planning hearing, the trial court found that neither of the parents had complied with the case plan or the court's orders. The court further noted there were safety concerns that prevented trial placement of BA with Anderson; for example, his mental capacity and inability to parent. The trial court changed the goal of the case from reunification to adoption, setting a date for a termination of parental rights (TPR) hearing in November.

On October 5, 2017, DHS filed a petition to terminate. Following the termination hearing, the trial court denied the petition and gave Anderson extra time to try to reunify with BA. A second petition was filed on April 4, 2018. The termination hearing was held on May 23, 2018. Anderson notified his counsel that he was close to the place of the hearing, traveling by bicycle, but he never appeared. Counsel informed the court she had told Anderson he had outstanding arrest warrants and it was possible that was why he did not appear for the hearing.

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Anderson v. Ark. Dep't of Human Servs., 2019 Ark. App. 13, 568 S.W.3d 768 (Ark. Ct. App. 2019).

2019 Ark. App. 13 (Anderson v. Ark. Dep't of Human Servs.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Linker-Flores v. Arkansas Department of Human Services
194 S.W.3d 739 (Supreme Court of Arkansas, 2004)
Bailey v. Ark. Dep't of Human Servs.
2018 Ark. App. 553 (Court of Appeals of Arkansas, 2018)
Wagner v. Ark. Dep't of Human Servs.
2018 Ark. App. 554 (Court of Appeals of Arkansas, 2018)