Mary Linker-Flores, Anastacio Flores v. Arkansas Department of Human Services and Adrianna Flores and Aranthza…

Summary

The Supreme Court of Arkansas affirmed the termination of Anastacio Flores's parental rights, holding that clear and convincing evidence showed DHS made meaningful reunification efforts that Flores largely failed to use, and that termination served the best interest of his two daughters. On an issue of first impression, the court adopted the Anders no-merit-brief procedure for appointed counsel representing indigent parents on a first appeal from a termination order: counsel may seek to withdraw only after filing a brief referring to anything arguably supporting the appeal, the parent receives a copy and thirty days to file points for reversal, and the court reviews the full record before granting withdrawal or appointing new counsel. Counsel Anne Orsi Smith's pending motion to withdraw was held premature until such a no-merit brief is filed, leaving Mrs. Flores's appeal pending.