Treuber v. ADHS
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Cite as 2010 Ark. App. 405
ARKANSAS COURT OF APPEALS
DIVISION I
No. CA10-69
Opinion Delivered
NINITA TREUBER
APPELLANT
May 12, 2010
APPEAL FROM THE CONWAY
COUNTY CIRCUIT COURT
[NO. JV-08-5]
V.
ARKANSAS DEPARTMENT OF
HUMAN SERVICES and MINOR
CHILDREN
APPELLEES
HONORABLE TERRY SULLIVAN,
JUDGE
AFFIRMED; MOTION TO
WITHDRAW GRANTED
LARRY D. VAUGHT, Chief Judge
This is an appeal from an order terminating appellant’s parental rights to her minor
children, G.T., born June 30, 2004, and W.T., born May 20, 2007. Appellant’s attorney has filed
a motion to withdraw as counsel 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 of arguable merit to support the appeal. Counsel’s motion is
accompanied by an abstract and brief stating why there are no meritorious grounds for reversal,
including a discussion of the sufficiency of the evidence to support the termination order and
an explanation of a seemingly adverse ruling. In relation to the latter, the trial court refused to
grant appellant a continuance when she failed to appear for a hearing. However, the issue is
moot because the trial court ultimately granted a continuance based on the fact that the putative
Cite as 2010 Ark. App. 405
father was not given notice.
The clerk of this court sent copies of counsel’s brief and the motion to appellant,
informing her that she had the right to file pro se points for reversal. Ark. Sup. Ct. R. 6-9(i)(3).
Appellant attempted to submit a pro se response to counsel’s brief. However, her points were
not filed until after her case had been submitted. Because appellant’s points were not filed in a
timely manner, they will not be considered on appeal.
In essence, the record shows that, although appropriate services were offered, appellant
failed to avail herself of them. She also failed to complete her case plan or remedy the
conditions that caused her children to be removed from her home initially. Based on our
examination of the record and the briefs, we find that counsel has complied with the
requirements established by the Arkansas Supreme Court for no-merit motions in termination
cases, and we hold that the appeal is wholly without merit. Consequently, we grant counsel’s
motion to withdraw and affirm the order terminating appellant’s parental rights.
Affirmed; motion to withdraw granted.
G RUBER and G LOVER, JJ., agree.
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