Arkansas Supreme Court

“ Given that indigent parents are entitled to court-appointed counsel on appeal, we must determine the extent of counsel's obligations when counsel believes the appeal is frivolous. The Supreme Court addressed this concern in the context of criminal appeals in Anders v. California, supra. In Anders, the Court delineated the duty of a court-appointed appellate counsel to prosecute a first appeal from a criminal conviction, after counsel has reviewed the record and conscientiously determined that it contains no meritorious issues for appeal. ”

“ At the time of the termination hearing, he was living in an apartment with five or six Mexican men, and, at times, living in a motel when the apartment became too crowded. This is an entirely inappropriate living environment for two girls, ages ten and two. Despite being forewarned that he needed to secure more stable housing by Dr. Church and the referral for housing offered by DHS, Mr. Flores failed to find suitable housing. He further rejected all attempts in therapy to deal with his potential alcohol and anger issues, despite the knowledge that his behavior often scared the children. ”

“ Flores did not testify. After hearing all the evidence, the court made the following finding:
As to Anastachio Flores, father of Adrianna Flores (DOB: 9-8-00) and Aranthza Flores (DOB: 8-17-99) , he has attended most of the hearings and visits and he has worked at a job most, if not all, of the time since this case was opened, but he has not had stable housing, despite steady income; it has never been determined if he is a legal resident; he has gone to some counseling sessions, but would not go unless mother went; he lives with five to six male Mexican immigrants in an apartment ”

“ Anna Foster, the case worker, testified both parents completed parenting classes and have had random drug-screens, which have all been negative. She testified she was never able to do a home evaluation because the family didn't have a permanent home. ”

“ On September 13, 2001, at the adjudication hearing, the court found the children were dependent/neglected and maintained them in DHS custody. The court also ordered both parents to attend and complete parenting classes. The court set March 11, 2001, for another review. Mr. Flores did not appear at the March review hearing.
On July 22, 2002, at the permanency planning hearing, the court ordered Mr. Flores to undergo a drug and alcohol assessment, and attend classes for drug and alcohol abuse and anger management. The court set January 8, 2003, as the date for the termination hearing. ”