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Mark and Kristin Litchford v. Arkansas Department of Human Services and Minor Children

September 28, 2011

MARK AND KRISTIN LITCHFORD APPELLANTS
v.
ARKANSAS DEPARTMENT OF HUMAN SERVICES AND MINOR CHILDREN APPELLEES



APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. JV-2009-552] HONORABLE JIM D. SPEARS, JUDGE

The opinion of the court was delivered by: Rita W. Gruber, Judge

Cite as

AFFIRMED; MOTION GRANTED

The Sebastian County Circuit Court terminated the parental rights of Kristin and Mark Litchford in their children, Z.L., J.L., X.L., and A.L. The Litchfords appellate 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 Arkansas Supreme Court Rule 6-9(i), asserting that there are no issues that would support a meritorious appeal. The clerk of this court mailed a certified copy of counsels motion and brief to appellants last known address informing them of their right to file pro se points for reversal. The certified packets were returned to the clerk with a note that the parties had moved. Neither appellant has filed any points. We grant counsels motion to withdraw and affirm the order terminating appellants parental rights.

We first address the issue presented in the no-merit brief regarding whether there is clear and convincing evidence to support the circuit courts decision to terminate appellants parental rights.See Linker-Flores v. Ark. Dept of Human Servs.(II), 364 Ark. 224, 217 S.W.3d 107 (2005). DHS filed a petition for emergency custody in this case in August 2009 after A.L. was born and tested positive for amphetamines and Kristin tested positive for amphetamines, Benzodiazepine, and marijuana. The court granted the petition, and on October 6, 2009, the children were adjudicated dependent-neglected based on Kristins current incarceration, . . . drug use and abuse, as well as the youngest juvenile being born with an ...


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