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Compton v. Arkansas Department of Human Services

Court of Appeals of Arkansas, Division II

September 24, 2014

DEBORAH COMPTON APPELLANT
v.
ARKANSAS DEPARTMENT OF HUMAN SERVICES and MINOR CHILDREN APPELLEES

APPEAL FROM THE INDEPENDENCE COUNTY CIRCUIT COURT [NO. JV-12-82] HONORABLE LEE WISDOM HARROD, JUDGE.

Suzanne Ritter Lumpkin, Arkansas Public Defender Commission, for appellant.

No response.

KENNETH S. HIXSON, Judge

Appellant Deborah Compton appeals from the termination of her parental rights to her sons L.P.1, age five, and L.P.2, age two. Ms. Compton's counsel has filed a no-merit brief and a motion to withdraw, stating that this appeal is without merit and that she should be relieved of counsel. We affirm and grant appellant's counsel's motion to withdraw.

Pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), appellant's counsel has ordered the relevant portions of the record, Arkansas Supreme Court Rule 6-9(c), and concluded that after a review of the record there are no issues of arguable merit for appeal, Rule 6-9(i). Appellant's counsel's brief was mailed to Ms. Compton's last known address, but the packet was returned as undeliverable. Therefore, no pro se points have been filed.

We review termination-of-parental-rights cases de novo. Dinkins v. Ark. Dep't of Human Servs. 344 Ark. 207, 40 S.W.3d 286 (2001). At least one statutory ground must exist, in addition to a finding that it is in the child's best interest to terminate parental rights; these must be proved by clear and convincing evidence. Ark. Code Ann. § 9-27-341 (Supp. 2013); M.T. v. Ark. Dep't of Human Servs., 58 Ark.App. 302, 952 S.W.2d 177 (1997). Clear and convincing evidence is that degree of proof that will produce in the fact-finder a firm conviction as to the allegation sought to be established. Anderson v. Douglas, 310 Ark. 633, 839 S.W.2d 196 (1992). The appellate inquiry is whether the trial court's finding that the disputed fact was proved by clear and convincing evidence is clearly erroneous. J.T. v. Ark. Dep't of Human Servs., 329 Ark. 243, 947 S.W.2d 761 (1997).

This case began on April 9, 2012, when the Arkansas Department of Human Services (DHS) filed a petition for emergency custody of L.P.1 and L.P.2. Attached to the petition was an affidavit stating that DHS had taken a seventy-two-hour hold on the boys after Ms. Compton had been the victim of domestic violence committed by her boyfriend, Johnathan Propst, [1] in the presence of the children. Ms. Compton was taken to the emergency room for treatment of her injuries. A scratch was observed on L.P.'2s forehead after the incident, and Ms. Compton refused a drug test but admitted to taking hydrocodone without a prescription. On April 12, 2012, the trial court entered an order for emergency DHS custody.

The trial court adjudicated the children dependent-neglected effective on May 9, 2012. However, on July 12, 2012, the trial court entered an order returning the boys to their mother. Continued DHS services were ordered, and Ms. Compton was ordered to continue to stay at the domestic-violence shelter and to not leave there with the children without DHS approval.

DHS filed a subsequent petition for emergency custody on August 13, 2012. Attached to that petition was an affidavit stating that Ms. Compton had left the domestic-violence shelter with the children, and on the following day she tested positive for methamphetamine on a random drug screen. Based on that information, the trial court again ordered the children removed from Ms. Compton's care and into emergency DHS custody. The children were never returned to Ms. Compton after that.

A second adjudication order was entered on September 25, 2012, and in a March 27, 2013 permanency-planning order the trial court found that Ms. Compton had complied with the case plan and the goal remained reunification. However, in a review order entered on September 30, 2013, the trial court found that Ms. Compton was only partially compliant, had tested positive for illegal drugs on multiple occasions, and had continued to choose Mr. Propst over her children despite having been advised to sever contact with him. At that time the goal changed from reunification to termination of parental rights.

DHS filed a petition to terminate Ms. Compton's parental rights on October 29, 2013. The termination hearing was held on January 8, 2014, and Ms. Compton did not appear.

On January 10, 2014, the trial court entered an order terminating Ms. Compton's parental rights. The trial court found by clear and convincing evidence that termination of parental rights was in the children's best interest, and the court specifically considered the likelihood of adoption, as well as the potential harm of returning the children to the custody of their mother as required by Arkansas Code Annotated section 9-27-341(b)(3)(A). The trial court also found clear and convincing evidence of the following statutory grounds under subsection (b)(3)(B):

(i)(a) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued to be out of the custody of the parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that ...

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