Moore v. Ark. Dep't of Human Servs.

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Cite as 2009 Ark. App. 115 (unpublished) ARKANSAS COURT OF APPEALS DIVISION IV No. CA08-1261 Opinion Delivered February 25, 2009 JERI MOORE APPELLANT V. APPEAL FROM THE BAXTER COUNTY CIRCUIT COURT, JUVENILE DIVISION [NO. JV-2007-116] HONORABLE GARY ISBELL, JUDGE ARKANSAS DEPARTMENT OF HUMAN SERVICES APPELLEE AFFIRMED; MOTION TO WITHDRAW GRANTED JOHN MAUZY PITTMAN, Judge This is an appeal from an order terminating appellant’s parental rights to a minor child, T.M., born June 14, 2001. Appellant’s attorney has filed a motion to be relieved as counsel pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), asserting that there are no issues of arguable merit to support the appeal. Counsel’s motion was accompanied by an abstract and brief listing all adverse rulings made at the termination hearing and explaining why there is no meritorious ground for reversal to each ruling, including a discussion of the sufficiency of the evidence to support the termination order. See Ark. Sup. Ct. R. 6-9(i)(1), In re Rules of the Supreme Court and Court of Appeals, Rules 6-9 and 6-10, 374 Ark. App’x 374 S.W.3d 576 Cite as 2009 Ark. App. 115 (unpublished) (September 25, 2008). The clerk of this court sent copies of counsel’s brief and motion to be relieved to appellant’s last known address, informing her that she had the right to file pro se points for reversal. See Ark. Sup. Ct. R. 6-9(i)(3). Appellant has not submitted any pro se points. In essence, the record shows that removal was based on neglect that was largely attributable to appellant’s use of illegal drugs and that, although appropriate services were offered, appellant failed to make even minimal progress toward completing her case plan and rehabilitating herself. Based on our examination of the record and the brief submitted to us, 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. G RUBER and B AKER, JJ., agree. -2-

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