Ward v. Ark. Dep't of Human Servs. (Majority)

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Cite as 2012 Ark. App. 603 ARKANSAS COURT OF APPEALS DIVISION I CA12-486 No. Opinion Delivered October 31, 2012 MICHELLE WARD APPELLANT V. ARKANSAS DEPARTMENT OF HUMAN SERVICES and MINOR CHILDREN APPELLEES APPEAL FROM THE LONOKE COUNTY CIRCUIT COURT [No. JV-10-376] HONORABLE BARBARA ELMORE, JUDGE AFFIRMED; MOTION GRANTED LARRY D. VAUGHT, Chief Judge Michelle Ward appeals from the order entered on March 13, 2012, by the Lonoke County Circuit Court, terminating her parental rights to her minor children, A.S. and B.S. Her attorney has filed a no-merit brief and a motion to withdraw as counsel, contending that there are no meritorious issues that could arguably support an appeal. We agree. In compliance with Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and Rule 6-9(i) (2012) of the Rules of the Arkansas Supreme Court and Court of Appeals, Ward s counsel ordered the entire record and examined it for adverse rulings. Ward s counsel identified four adverse rulings: the order terminating Ward s parental rights and three adverse evidentiary rulings. Counsel then explained why a challenge to these adverse rulings would not support a meritorious argument for reversal. Ward was provided a copy of her counsel s brief and motion, and she was informed of her right to file pro se points. However, she filed no pro se points. Neither the Arkansas Department of Human Services nor the attorney ad litem filed a responsive brief. Cite as 2012 Ark. App. 603 After carefully examining the record and the no-merit brief, we hold that Ward s counsel has complied with the requirements for no-merit parental-termination appeals and that the appeal is wholly without merit. Accordingly, by memorandum opinion we affirm the termination of Ward s parental rights to A.S. and B.S. In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985); Ark. Sup. Ct. R. 5-2(e) (2012). We also grant her counsel s motion to withdraw from representation of Ward. Affirmed; motion granted. WYNNE and BROWN, JJ., agree. Deborah R. Sallings, Arkansas Public Defender Commission, for appellant. No response. 2

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