Posey v. Arkansas Dept. of Health Human Serv.

Summary

The court held that the governing no-merit appeal rules did not require the Arkansas Department of Health and Human Services to file a reply to the parent's pro se points, and it proceeded to review the termination appeal without one. Applying clear-and-convincing-evidence and clearly-erroneous review, the court upheld termination because the evidence established the children's adoptability, potential harm from returning them to the father, an appropriate permanency plan, and the father's willful failure to maintain meaningful contact. The court also rejected the ineffective-assistance claim for lack of prejudice and granted counsel's motion to withdraw.