Cite as 2014 Ark. App. 387
ARKANSAS COURT OF APPEALS
DIVISION II
No. CV-14-52
Opinion Delivered June 18, 2014
MISTY CHAPMAN AND BOBBY APPEAL FROM THE PERRY
WYLES, JR. COUNTY CIRCUIT COURT
APPELLANTS [NO. JN-2012-28]
V.
HONORABLE WILEY A. BRANTON,
JR., JUDGE
ARKANSAS DEPARTMENT OF
HUMAN SERVICES
APPELLEE AFFIRMED; MOTIONS TO
WITHDRAW GRANTED
BRANDON J. HARRISON, Judge
The Perry County Circuit Court terminated the parental rights of Misty Chapman to
her children J.P., A.P., K.W., and H.W. The court also terminated the parental rights of
Bobby Wyles, the father of K.W. and H.W.1 Counsel for Chapman and Wyles have filed
no-merit briefs pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark.
131, 194 S.W.3d 739 (2004), and Ark. Sup. Ct. R. 6-9(i) (2013), asserting that there are no
issues of arguable merit to support an appeal and requesting to be relieved as counsel.
Chapman was notified of her right to file pro se points for reversal pursuant to Ark. Sup. Ct.
R. 6-9(i)(3), but she has not done so. Wyles was also notified of this right, but the
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The court also terminated the parental rights of Allen Powell, J.P. and A.P.’s putative
father, but Mr. Powell is not a party to this appeal.
Cite as 2014 Ark. App. 387
notification was returned as “undeliverable.” We grant counsels’ motions to withdraw and
affirm the order terminating Chapman’s and Wyles’s parental rights.
On 13 June 2012, K.W., A.P., and J.P. were taken from their mother’s care after DHS
determined that the health and safety of the children were at risk due to allegations of neglect.
The affidavit supporting the petition for emergency custody also noted a previous true finding
of failure to protect on Chapman for knowingly leaving her children with a sex offender and
several unsubstantiated reports for environmental neglect, inadequate supervision, and medical
neglect.
The court entered an order for emergency custody of these children on 18 June 2012,
and adjudicated them dependent-neglected in an order entered 30 August 2012. The
adjudication order included findings of child endangerment, environmental neglect, and
aggravated circumstances. The court also noted that Chapman was pregnant and ordered
DHS to assist her in procuring prenatal care. After a review hearing in September 2012, the
court found that the parents had not complied with the case plan. Specifically, Chapman
continued to test positive for controlled substances, was arrested in August 2012 for
shoplifting, had not exercised visitation rights, and continued to have contact with Wyles,
who was abusive toward her. For his part, Wyles was incarcerated due to a parole violation.
On 18 October 2012, DHS petitioned for emergency custody of two-day-old H.W.
The supporting affidavit stated that “Chapman reported drinking a fifth of whiskey per day
and using marijuana during pregnancy along with receiving limited prenatal care.” The court
granted emergency custody of H.W. to DHS and adjudicated H.W. dependent-neglected on
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Cite as 2014 Ark. App. 387
22 January 2013. The adjudication order also consolidated H.W.’s case with that of her
siblings and authorized DHS to pursue termination of parental rights.
DHS filed a petition for termination of parental rights on 1 August 2013 and alleged
four grounds: (1) the juveniles have been adjudicated by the court to be dependent-neglected
and have continued to be out of the parents’ custody for twelve months, and despite
meaningful efforts by DHS to rehabilitate the parents and correct the conditions that caused
removal, those conditions have not been remedied; (2) other factors or issues arose subsequent
to the filing of the original petition for dependency-neglect that demonstrate returning the
juveniles to the parents is contrary to the juveniles’ health, safety, or welfare and that despite
the offer of appropriate family services, the parents have manifested the incapacity or
indifference to remedy the subsequent issues or factors; (3) the parents have been found by
a court of competent jurisdiction, including the juvenile division of circuit court, to have
subjected any juvenile to aggravated circumstances; (4) the parents have abandoned the
juveniles. See Ark. Code Ann. § 9-27-341(b)(3)(B)(i)(a), (iv), (vii)(a), & (ix)(a)(3)(A) (Supp.
2011).
After a hearing on the petition, the court did not find that the children had been
abandoned, but the court did find that DHS had proved the other three grounds alleged with
regard to Chapman and Wyles. The court entered a detailed order terminating their parental
rights on 18 October 2013, and both parents have now appealed.
In compliance with Linker-Flores and Rule 6-9(i), counsel for both parties have
examined the record for adverse rulings and adequately discussed why there is no arguable
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Cite as 2014 Ark. App. 387
merit to an appeal of the decision to terminate Chapman’s and Wyles’s parental rights. After
carefully examining the record and the no-merit briefs, we hold that counsel have complied
with the requirements for a no-merit parental-rights-termination appeal and that the appeals
are wholly without merit. We therefore affirm the termination of Chapman’s and Wyles’s
parental rights by memorandum opinion, In re Memorandum Opinions, 16 Ark. App. 301, 700
S.W.2d 63 (1985), and grant the motions to withdraw.
Affirmed; motions to withdraw granted.
WALMSLEY and WYNNE, JJ., agree.
Shannon Holloway, for appellant Misty Chapman.
Elizabeth J. Finocchi, Arkansas Public Defender Commission, for appellant Bobby
Wyles, Jr.
No response.
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