Roseburrow v. Ark. Dep't of Human Servs.
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Cite as 2011 Ark. App. 570 ARKANSAS COURT OF APPEALS DIVISION IV No. CA10-960 Opinion Delivered ANTHONY ROSEBURROW APPELLANT V. ARKANSAS DEPARTMENT OF HUMAN SERVICES & MINOR CHILDREN APPELLEES September 28, 2011 APPEAL FROM THE FAULKNER COUNTY CIRCUIT COURT [JV-2009-492] HONORABLE DAVID M. CLARK, JUDGE AFFIRMED; MOTION TO WITHDRAW GRANTED DAVID M. GLOVER, Judge This is an appeal from the trial court s order terminating the parental rights of appellant Anthony Roseburrow to his children, O.M., born June 5, 2007, and J.W., born May 6, 2008. The children were brought into ADHS s custody on August 14, 2009, because of the death of their sibling from physical abuse, later determined to have been inflicted by their mother, Shequena Williams. The mother s parental rights have already been terminated, and she is currently serving a prison sentence as a result of the child s death. Appellant s attorney has filed a motion to withdraw and a brief pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and Rule 6-9(i) (2011) of the Rules of the Arkansas Supreme Court and Court of Appeals, contending that he has made a conscientious review of the record and the applicable law and that he has found no Cite as 2011 Ark. App. 570 meritorious issues that could arguably support an appeal. The brief asserts that there were no adverse rulings other than the termination of appellant s parental rights and explains why there are no meritorious grounds for reversing that decision. The clerk of our court attempted to provide appellant with copies of his counsel s motion and brief and to notify him of his right to file pro se points of appeal. Our clerk has informed us that the packet sent to appellant was returned (with a notation that the house located at the mailing address provided was vacant with no forwarding address) and that appellant s counsel informed her that appellant had been in prison, had since been released, had given the address used as the one to which he would be paroled, and that counsel had no additional contact information. The children s ad litem attorney and ADHS have notified us they do not intend to file briefs, and they agree there is no merit to this appeal. After carefully examining the record and counsel s brief, we conclude that counsel has complied with the requirements established by the Arkansas Supreme Court for no-merit termination cases and that the appeal is wholly without merit. We therefore affirm the termination of appellant s parental rights to these two children, O.M. and J.W., and grant his attorney s motion to withdraw. See In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985); Ark. Sup. Ct. R. 5-2(e) (2011). Affirmed; motion to withdraw granted. ABRAMSON and MARTIN, JJ., agree. 2
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