Appellant Lovell Johnson II appeals the termination of his parental rights as to three young boys, Marquis, Lovell III, and Ladarius, as entered by the Pulaski County Circuit Court on June 29, 2001. The boys were approximately one year apart in age and under school-age when parental rights were terminated. The mother does not appeal. As appellant’s sole point for reversal, he argues that the chancellor was clearly erroneous in finding that the Department of Human Services (“DHS”) made a meaningful effort to rehabilitate the home and correct the conditions that caused removal of the children. More specifically, appellant asserts that DHS did not provide sufficient services to him such that the statutory grounds to support termination found in Ark. Code Ann. § 9-27-341 (b) (3) (B)(i) (a) are not met. We disagree and affirm.
The three children involved- in this case were born on April 2, 1996 (Marquis), June 5, 1997 (Lovell III), and August 12, 1998 (Ladarius). The current appeal stems from the second case file opened on the family. The first case file was opened on December 29, 1997, after Lovell III was referred by a doctor, who was treating the mother, to Arkansas Children’s Hospital. Lovell III was suffering from extreme malnourishment, unnoticed by the parents. Lovell III was diagnosed with failure to thrive, caused by the parents feeding the infant watered-down formula. The family was given services, including psychological examinations and therapy, in-home parenting classes, transportation, and supervised visitation. Appellant was ordered to complete paternity testing because he claimed the children as his own but had not been adjudicated to be their father. Appellant did not establish paternity. The first case was closed from the court’s perspective some time in 1998.
The second case file was opened on November 4, 1999, after appellant dropped the mother and the three boys, ages three, two, and one at the time, at a Salvation Army Shelter in Little Rock, Arkansas, without informing the mother of his whereabouts. The mother called DHS, and a case worker initiated another case file on the family. DHS took emergency custody of the children on November 9, 1999. A hearing was conducted on November 16, 1999, at which probable cause was found to continue the children in the custody of DHS because, despite services rendered, the family had no means to support the children. The children were placed together in a foster home, where they remained throughout the case.1
An adjudication hearing was set for January 4, 2000, and commenced on that date. The children were found to be dependent-neglected, but not due to poverty per se. Both parents appeared, and it was demonstrated that they lived together at the Heritage House Inn, a motel; that they had a prior DHS case on Lovell III; that appellant had been directed to establish his paternity in the earlier case by an order on January 29, 1998, but had not done so; that appellant was working but the mother was not; and that they somehow could not manage the income earned by appellant. Appellant testified that he did not want to be tested for paternity because he wanted to avoid a child support obligation, and the trial judge informed appellant that reunification services were not going to be offered to him unless and until he proved paternity other than by his verbal claim. The case was continued to May 23, 2000, for purposes of permanency planning.
At the permanency planning hearing, the testimony established that the mother and appellant were living in the Cimmaron Motel, and the mother was pregnant again. Appellant told the judge that he was “gonna handle” the paternity testing but just could not get it done up to that point due to his work schedule. Services, including parenting classes, therapy, transportation, and visitations were provided to the mother, and the children received services in foster care. Due to the obvious cash-flow problem, the trial judge ordered random drug testing of the parents.2 A termination hearing was set for November 14, 2000, unless circumstances changed.
On November 14, 2000, the termination hearing was held. Both parents were represented by counsel at this point. Appellant appeared but the mother did not. She had fled to Texas to give birth. Although her rights were terminated, that is not the subject of this appeal. Evidence presented at the termination hearing relevant to appellant demonstrated that appellant tested positive for cocaine on June 28, 2000, and that he was arrested on charges of aggravated robbery and theft of property on July 18, 2000, with regard to a gas station in southwest Little Rock. Appellant’s counsel argued that sufficient services were not rendered to appellant such that his rights should not be terminated. The judge held termination in abeyance with regard to appellant, who was currently jailed, so that he could receive some services as best as they could be administered. Services to be rendered included parenting classes, a housing referral, a therapy referral, a drug and alcohol assessment and screening, and a second psychological evaluation.3 Appellant was ordered, again, to prove his paternity. A permanency planning hearing was set for March 6, 2001.
At the March hearing, it was learned that appellant was convicted of his charges and was sentenced to ten years in prison, of which he would have to serve at least seventy percent. He was appealing.4 Appellant had undergone a second psychological evaluation by Dr. DeYoub. The results were poor; appellant had borderline intellectual functioning and a personality disorder. Dr. DeYoub was concerned because appellant had not made any progress over the last year, and in the last six months he had been incarcerated. Dr. DeYoub opined that if appellant had not been incarcerated and the children were placed with him, he would likely flee Arkansas and probably go to Texas. Dr. DeYoub did not recommend reunification but suggested drug screens if appellant were released. He summarized, “I thought at one point his prognosis was good, but this has changed over time with the demonstration that he has not done well.” Appellant had also undergone a drug and alcohol assessment. DHS and the attorney ad litem for the children requested to move forward to termination. A formal motion was filed on March 19. The judge agreed, setting the termination hearing for May 22, 2001.
At this hearing, appellant argued that though he had not established paternity, he wanted more time to see how his appeal would be resolved and wanted DHS to provide additional services. Appellant had received services for six months. DHS resisted his request. DHS personnel testified that the children had been out of the home for approximately one and one-half years, they were together, and they had a high probability of being adopted together, but this would diminish as they got older. The judge terminated appellant’s parental rights, noting among other things that reunification could hot be accomplished in a reasonable period of time with his criminal conviction and incarceration. The judge also found that even without the incarceration, appellant could not be reunited with his children in a reasonable period of time. The judge found that appellant had not complied with the case plan or orders of the coúrt, whereas DHS had complied with the orders and made reasonable efforts to deliver reunifica-tions services. An order of termination followed, and this appeal resulted.
When the issue is one involving the termination of parental rights, there is a heavy burden placed upon the party seeking to terminate the relationship. J.T. v. Arkansas Dep’t of Human Servs., 329 Ark. 243, 947 S.W.2d 761 (1997). Termination of parental rights is an extreme remedy and in derogation of the natural rights of the parents. Wade v. Arkansas Dep’t of Human Servs., 337 Ark. 353, 990 S.W.2d 509 (1999). Parental rights, however, will not be enforced to the detriment or destruction of the health and well-being of the child. Id. The facts warranting termination of parental rights must be proven by clear and convincing evidence, and in reviewing the trial court’s evaluation of the evidence, we will not reverse unless the court’s finding of clear and convincing evidence is clearly erroneous. Baker v. Arkansas Dep’t of Human Servs., 340 Ark. 42, 8 S.W.3d 499 (2000). Clear and convincing evidence is that degree of proof which will produce in the fact finder a firm conviction regarding the allegation sought to be established. Id. In resolving the clearly erroneous question, we must give due regard to the opportunity of the trial court to judge the credibility of witnesses. Id. Additionally, we have noted that in matters involving the welfare of young children, we will give great weight to the trial judge’s personal observations. Ullom v. Arkansas Dep’t of Human Servs., 340 Ark. 615, 12 S.W.3d 204 (2000).
An order forever terminating parental rights must be based upon clear and convincing evidence that the termination is in the best interests of the child, taking into consideration the likelihood that the child will be adopted and the potential harm caused by continuing contact with the parent. Ark. Code Ann. § 9-27-341 (b)(3) (A) (Repl. 2002). In addition to determining the best interests of the child, the court must find clear and convincing evidence that circumstances exist that, according to the statute, justify terminating parental rights. Ark. Code Ann. § 9-27-341(b)(3)(B) (Repl. 2002). One such set of circumstances that may support the termination of parental rights is that the child “has been adjudicated by the court to be dependent-neglected and has continued out of the home for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the home and correct the conditions which caused removal, those conditions have not been remedied by the parent.” Ark. Code Ann. § 9-27-341 (b) (3) (B)(i) (a) (Repl. 2002). It is not necessary that the twelve-month period out of the home be consecutive. Ark. Code Ann. § 9-27-341 (b) (3) (B)(i)(b) (Repl. 2002).
Appellant challenges only the finding that DHS provided meaningful effort to rehabilitate the home and correct the conditions that caused removal of the children. Appellant argues that this was not met when services were directed toward him for only six months and at best they could be delivered while he was incarcerated. We disagree that appellant has shown clear error.
The legislative intent of this section is found in Ark. Code Ann. § 9-27-341 (a) (3) and is important to our inquiry:
The intent of this section is to provide permanency in a juvenile’s life in all instances where return of a juvenile to the family home is contrary to the juvenile’s health, safety, or welfare and it appears from the evidence that a return to the family home cannot be accomplished in a reasonable period of time, as viewed from the juvenile’s perspective.
The mere fact that appellant was incarcerated at the time of the termination hearing is not dispositive of the termination issue. See Crawford v. Dep’t of Human Servs., 330 Ark. 152, 951 S.W.2d 310 (1997). However, our supreme court has stated that a parent’s imprisonment does not toll a parent’s responsibilities toward his or her children. See Zgleszewski v. Zgleszewski, 260 Ark. 629, 542 S.W.2d 765 (1976). The distinction is important: the trial judge did not terminate appellant’s rights because he had been incarcerated; his parental rights were terminated because the statutory requirements for termination were met by clear and convincing evidence. The children had been adjudicated dependent-neglected; the children had been out of the home for more than twelve months; DHS made a meaningful effort to rehabilitate the home and correct the conditions that caused removal; and despite that effort, appellant did not remedy those conditions.
Undisputedly, the children’s mother was consistently given services during the duration of this case until the mother’s rights were terminated, including counseling, homemaker services, transportation, and housing referrals. , Appellant was absent much of the time that services were directed toward the family home. When appellant manifested interest in receiving services, he created the circumstances that made those services difficult to deliver. The statutory definition of “family services” found at Ark. Code Ann. § 9-27-303(23)(A) includes child care, homemaker services, counseling, cash assistance, transportation, therapy, psychological or psychiatric evaluations and treatment. Most, if not all, of these services were rendered to the family while this case file was open. Appellant himself has received a drug and alcohol assessment and a second psychological evaluation, and he has not suggested what services are lacking. The trial judge was not clearly erroneous in concluding that DHS made a meaningful effort to rehabilitate the home and correct the conditions that caused removal. We are not left with a distinct and firm conviction that a mistake has been committed.
Moreover, in our de novo review, we could alternatively hold that grounds for termination were met under Ark. Code Ann. § 9-27-341(b)(3)(B)(vii)(a), which provides:
That, subsequent to the filing of the original petition for dependency-neglect, other factors or issues arose which demonstrate that return of the juvenile to the family home is contrary to the juvenile’s health, safety, or welfare and that, despite the offer of appropriate family services, the parent has manifested the incapacity or indifference to remedy the subsequent issues or factors or rehabilitate the parent’s circumstances which prevent the return of the juvenile to the family home.
Appellant’s incarceration and ten-year sentence arose after the case file was initiated. Additionally, Dr. DeYoub’s psychological evaluation changed from a good prognosis in his earlier report to an unfavorable one in his more recent one, and he observed that appellant was now displaying more antisocial traits. Furthermore, appellant has never established paternity, despite orders to do so. The other biological parent is no longer a part of these children’s lives because her parental rights have been terminated. With these facts, there is no family home to which to return the children, nor will there be one in the foreseeable future. These subsequent circumstances prevent the placement of the children in appellant’s custody, in light of appellant’s manifested incapacity or indifference to remedying the causes of the children’s removal.
Affirmed.
Bird, Vaught, and Roaf, JJ., agree.' Hart and Baker, JJ., dissent.There was one exception when the eldest child was removed from the foster home for a brief time due to abuse inflicted by another foster child, but tile boys were reunited in the same foster home.
The trial court expressed concern as to where appellant’s income was going. While the dissenting opinion characterizes the cause of the children’s removal as resulting from poverty, the record reflects that appellant did not have an unreasonably low income. There was evidence at the adjudication hearing held on January 4, 2000, that appellant worked for a chemical-spill recovery business and he testified that his last bi-weekly paycheck was for a net of $700. At the permanency planning hearing held May 23, 2000, appellant testified that he continued to be employed by this employer and that he had worked 71 V2 hours, which included significant overtime, within the week just preceding the hearing.
Appellant had undergone an earlier evaluation by the same psychological examiner in the first DHS case file opened with regard to Lovell III.
Appellant’s appeal, Johnson v. State, CACR01-682, is briefed in a no-merit form under submission with our court.