Windom v. Ark Dep't of Human Servs.

2014 Ark. App. 629

• Court: Court of Appeals of Arkansas
• Decided: November 5, 2014
• Docket: CV-14-563
• Status: Published

Opinion

Cite as 2014 Ark. App. 629

ARKANSAS COURT OF APPEALS DIVISION IV No. CV-14-563

opinion Detivered Novembet 5,2074

QUINSHUNTA WINDOM APPEAL FROM THE PULASKI APPELLANT COUNTY CIRCUIT COURT, EIGHTH DIVISION V. [No. 60N-12-23621

ARKANSAS DEPARTMENT OF HONORABLE WILEY A. BRANTON, HUMAN SERVICES ANd MINOR JR.,JUDGE CHILDREN APPELLEES AFFIRMED; MOTION TO WITHDRAW GRANTED

WAYMOIYD M. BROWN, Judge

The Pulaski County Circuit Court terminated the parental rights of appellant

'Windom to her seven children.t Windom's counsel has filed a motion to Quinshunta

withdraw and a no-merit briefi pursuant to Linku-Flores u. Arkansas Dqartmmt of Human

Seruices,2 and Arkansas Supreme Court Rule 6-9(i),'contending that there are no meritorious

grounds ro support an appeal. The clerk of our court mailed a certified copy of counsel's

morion and brief to appellant, informing her of her right to 6le pro se points for reversd.

rThe court also terminated the fathen' parental rights to the respective children, with the exception ofDwayne Thompson. Flowever, these terminations are not the subject of this apped. 2359 Ark. 731,794 s.w.3d 739 (2004). tQol3). Cite as 2014 Ark. App. 629

Appellant has filed pro se points for reversal. The Arkansx Department of Human Senrices

(DHS) and the ad litem chose not to file a brief, However, they did file a joint resPonse to

appellant's pro se points. We affirm the termination order and grant counsel's motion to

withdraw.

DHS became involved with the family in May 2010, due to allegtions ofsexual abuse

perpetrated against Windom's daughter, S.T., by appellant's boyfiend, Keith Lewis' A safery

plan was put in place, requiring that Lewis have no contact with the children uPon his release

from incarceration. The case was closed inJune 2011. DHS took emergency custody ofthe

children on Decemb er 4,2072, after appellant was arTested for DWI, and it was discovered

that appellant had left the children in the care of Lewis. DHS petitioned the court for

The court issued emergency custody due to inadequate supervision on December la,2072.

were adjudicated an ex parte order for emergenry custody that same day. The children

dependent-negtected in an order 6led Febru ary 72,2}73,based on the lack of a caretaker and

appellant's failure to Protect them by allowing a sex offender to have contact with them' The

appellant to do a number adjudication order established a goal of reunification and ordered

22,2073, the court found ofthingS in order to reach the goal. In the review order filed May

plan and continued the that the case plan was moving towards an aPPropriate permanency place on Septembet 24,2013' goal of reunification. A permanenry-planning hearing took

The court entered an order on octobe r 17,2a13, finding that compelling reasons exisred to

-2- Cite as 2014 Ark. App. 629

give the f"-ily more time. At a second permanency-platfning hearing on December 10, I

2l73,the court changed the case's goal to termination of p[rentd rights'a

DHS filed a petition forthe termination ofappellant'l Parentd rights on December30,

2013. The petition listed five possible grounds for telgnination; however, only three

concemed appellant: (1) that the children had been apjudicated by the court to be i

nrrelve months, and dependent-negtected and had continued out of appellant'slcustody for

despite meaningful efforts by DHS to rehabilitate appeu*f *a correct the conditions that (2) that subsequent to the filittg caused removal, those conditions have not been remedied;f

of the original petition for dependenry-neglect, other factors or issues arose which I

demonsrrare that rerurn of the children ro rhe family homelis contrary to their hedth, safety, l

had maniGsted or welfare and that, despite the offer of appropriate family iervices, appellant

the incapaciry or indifference to remedy the subsequen, ir[rr., or factors or rehabilitate the

and (3) that appellant circumstances which prevenr rerurn ofthe children to the fafnily home;6

had subjected the children ro aggravated circumstances.' i

the The terminarion hearing took place on February 21,2014. At the conclusion of l

parental righs hearing the court granted DHS's petition. The order terrlpinating appellant's

was entered on April 2,2014. It stated in pertinent part:

on December 19,2013' --t-*"*ed "- sArk. I

Code Ann. $ s-27-341'(bX3XBXi)(a) (Supp' f013)' 6Ark. Code Ann. 9-27-347 (bX:XBXvii)(a) (Supq' 20t3)' $ ?Ark. code Arrn.S g-27-347 (bX3XBXix)(a)(3) (S'pp' 2013)' -3- Cite as 2014 Ark. App. 629

The fint ground of the petition for termination of frr.rtrt righs (hereafter referred to as "the petition") is proven as to the mother. The mother is almost in the same ' situarion today as when-the case'started. In the begihning, the mother spent 40 days

in jail or, , D''wI charge. At the end of 2073, the mothet *T in jail. Today, the mother has an outshnJiilg warrant which she says should have been withdrawn, and Even the court will give her the-benefit ofthe doubt. The mother has no credibiliry. iflow functioiing, the morher had difficulry relatin$ the sequence of events of prior history. The motherwas reluctant while testifying, trying to gauge whether or not to lacked be truthful on how her answers would sound to the court. The mother has credibiliry throughout the entire case. The mother is an unstable person. The mother has legal irrrr., ,id ir again without a home. The mpther has a history of many men being"in and out of hei life. Mr. Lewis is a sex offe4der. Mr. Handy is currently in priso"rr. This is problematic. The court is concemed that the mother would continue io live an unstatle fife if the children were returned to her.

The second ground ofthe petition is proven as to the mother[.] -The mother has been

offered r.rrrifer, and she *rd. an effort to comply' However delivery of services has After resulted in no material difference in rendering in. nlother fit and appropriate' the case began, the mother has been in jail and has lOst her home[']

The third ground of the petition is proven as to the mother[.] It is unlikely that services to the mother would result l, ,,r...rrfuI rbunification within a reasonable are no period of time consistent with the children's devetopmental needs. There with compelling reasons to give her more time. The mother had earlier involvement DHS. The mother failed ,o pr*.., tS.T.l after bJing put on notice regarding the allegarions in 2006 that Mr. Lewis sexually abused [B.T].t

children were adoptable and In terminating appellant's parental rights, the court found thlt the

that potential harm existed if the children were retumed to appellant. This timely appeal

followed. examining the counsel contends that this appeal is without merit. After carefully thlt counsel has complied with the record, the brie{, and Windom's pro se points,e we hold

8Il.T. is appellant's oldest daughter' She was not the subject of this case'

\X/indom alleges in one of her pro se points for revprsal that appellate counsel is a conflict' The record before represented Lewis att"he terminatiol tertitg, and that-this us, as well as the termination order, does ,roi rrrpport Windom's contention' However' this case' we cannot think of a siruation that would change the outcome of -4- Cite as 2014 Ark. App. 629

requirements established by the Arkansas Supreme Court for no-merit appeals in termination

cases,lo and we conclude that the appeal is wholly without nlerit. Accordingly, we affirm the

order terminating appellant's parental rights and grant counpel's motion to withdraw.

Afirmed; motion to withdraw granted. 'WHrrrarrR and HlxsoN,lJ., agree.

roln dependency-neglect cases, if, after studying the record and researching the law, appellant's counsel determines that the appellant has no meritorious basis for appeal, then counsel may flle a no-merit petition and move to withdraw. The petition must include an argument section listing all adverse rulings to the appellant made by the circuit court on all objections, motions, and requests made by the parry at the hearing from which the appeal arose and explaining why each adverse ruling is not a meritorious ground for reversal. The petition must also include an abstract and addendum contqining all rulings adverse to the appellant rnade at the hearing from which the order on apleal arose. Ark. Sup. Ct. R. 6- e(il (2013) _s_