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

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Cite as 2014 Ark. App. 417 ARKANSAS COURT OF APPEALS DIVISION III No. CV-14-190 Opinion Delivered June 18, 2014 CHRISTOPHER PEOPLES APPEAL FROM THE MILLER APPELLANT COUNTY CIRCUIT COURT [NO. JV-2012-149] V. HONORABLE KIRK JOHNSON, JUDGE ARKANSAS DEPARTMENT OF HUMAN SERVICES and MINOR CHILDREN AFFIRMED; MOTION TO APPELLEES WITHDRAW GRANTED RHONDA K. WOOD, Judge Christopher Peoples s counsel filed a no-merit appeal from the order terminating his parental rights as to K.P.1 and K.P.2.1 The mother has not appealed. The father s attorney filed a motion to withdraw as counsel and a no-merit brief pursuant to LinkerFlores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and Arkansas Supreme Court Rule 6-9(i) (2013), asserting that there are no issues of arguable merit to support the appeal. The brief includes a discussion of the sufficiency of the This case showcases the tragic results that can happen even when the Department of Human Services is monitoring a family. The Department s first contact with the family was in 2011 when one of the children, C.P., received a suspected skull fracture. The Department removed the children (including K.P.1 and K.P.2) from the home, but ultimately returned them to the mother s custody in April 2012. Later that same month, the Department was contacted due to C.P. being unresponsive and ultimately dying from injuries he obtained as a result of abuse. The Department subsequently placed K.P.1 and K.P.2. in foster care resulting in the termination of the parental rights. 1 Cite as 2014 Ark. App. 417 evidence to support the termination order, all matters in the record that might arguably support an appeal, all adverse rulings, and a statement as to why counsel considers each point raised as incapable of supporting a meritorious appeal. The clerk of this court sent a copy of the brief and motion to the father at his last known address, advising him that he had the right to file pro se points for reversal. The packet was returned as undeliverable. After careful review of the record in accordance with Rule 6-9(i) of the Rules of the Arkansas Supreme Court and Court of Appeals, we hold that this appeal lacks merit. Counsel complied with our requirements for no-merit termination cases, and we affirm by memorandum opinion. In Re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985); Ark. Sup.Ct. R. 5-2(e). Affirmed; motion to withdraw as counsel granted. PITTMAN and HIXSON, JJ., agree. Didi H. Sallings, Arkansas Public Defender Commission, for appellant. No response. 2

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