Page 413
APPEAL
FROM THE COLUMBIA COUNTY CIRCUIT COURT [NO. 14JV-15-81],
HONORABLE DAVID W. TALLEY, JR., JUDGE
Katalina Wyninger, Alma, for appellant.
Andrew
Firth, Office of Chief Counsel, for appellee.
Chrestman
Group, PLLC, by: Keith L. Chrestman, attorney ad litem for
minor children.
OPINION
WAYMOND
M. BROWN, Judge
Page 414
Counsel for appellant Catherine Hardiman brings this no-merit
appeal from the Columbia County Circuit Courts order
terminating appellants parental rights to her sons, D.H.1
(DOB: 02/27/05) and D.H.2 (DOB: 05/11/06). Pursuant to
Linker-Flores v. Arkansas Department of Human
Services [1] and Arkansas Supreme Court Rule
6-9(i), appellants counsel has filed a motion to withdraw
and a no-merit brief contending that there are no meritorious
issues that would support an appeal. The clerk of this court
mailed a certified copy of counsels brief and motion to be
relieved to appellant, informing her of her right to file pro
se points for reversal, which she has elected to do. We
affirm the termination order and grant counsels motion to
withdraw.
This
court reviews termination-of-parental-rights cases de
novo.[2] Grounds for termination of parental
rights must be proved by clear and convincing evidence, which
is that degree of proof that will produce in the finder of
fact a firm conviction of the allegation sought to be
established.[3] The appellate inquiry is whether the
circuit courts finding that the disputed fact was proved by
clear and convincing evidence is clearly
erroneous.[4] A finding is 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.[5] In resolving the
clearly erroneous question, we give due regard to the
opportunity of the circuit court to judge the credibility of
witnesses.[6]
To
terminate parental rights, a circuit court must find by clear
and convincing evidence that termination is in the best
interest of the juvenile, taking into consideration (1) the
likelihood that the juvenile will be adopted if the
termination petition is granted and (2) the potential harm,
specifically addressing the effect on the health and safety
of the child, caused by returning the child to the custody of
the parent.[7] The circuit court must also find by
clear and convincing evidence that one or more statutory
grounds for termination exists.[8] Proof of only one
statutory ground is sufficient to terminate parental
rights.[9] Termination of parental rights is an
extreme remedy and in derogation of a parents natural
rights; however, parental rights will not be enforced to the
detriment or destruction of the health and well-being of the
child.[10] The intent behind the
termination-of-parental-rights statute is to provide
permanency in a childs life when it is not possible to
return the child to the family home because it is contrary to
the childs health, safety, or welfare, and a return to the
family home cannot be accomplished in a reasonable period of
time as viewed from the childs perspective.[11]
Arkansas
Supreme Court Rule 6-9(i) allows counsel for an appellant in
a termination-of-parental-rights case to file a no-merit
Page 415
petition and motion to withdraw if, after studying the record
and researching the law, counsel determines that the
appellant has no meritorious basis for appeal. The petition
must include an argument section that lists all adverse
rulings to the appellant made by the circuit court on all
objections, motions, and requests made by the party at the
hearing from which the appeal arose and explain why each
adverse ruling is not a meritorious ground for
reversal.[12]
On
October 26, 2015, the Arkansas Department of Human Services
(DHS) was contacted after a call had been made to the
child-abuse hotline. Following an investigation, DHS
exercised a seventy-two-hour hold on D.H.1 and D.H.2,
removing them from the legal custody of their mother,
appellant, and the physical custody of their paternal
grandmother, Debbie Daniels. On December 4, D.H.1 and D.H.2
were adjudicated dependent-neglected due to ...