Page:Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131 (2004).pdf/7

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Ark.]
Linker-Flores v. Arkansas Dep't of Human Servs.
Cite as 359 Ark. 131 (2004)
137


children, his lack of participation in the family therapy is precisely the point. DHS tried to establish a program of therapy for Mr. Flores to help him with his personal issues, as well as the broader family issues, but he found it "too inconvenient" to participate. He failed to show up for the first three sessions and stopped going entirely after his wife was incarcerated. Furthermore, we reject Mr. Flores's suggestion that some sense of family unity prohibited him from engaging in meaningful therapy without the presence of his wife. Mr. Flores is asking for custody of his two girls, yet he is unable to function in his role as a parent without his wife, who is in jail. Mr. Flores himself admitted to not being able to take care of the children without his wife, and threatened to take his children to Mexico, and have his wife there care for them. All the evidence presented at trial produced in the factfinder a firm conviction that DHS had made meaningful attempts to offer services to Mr. Flores and that he had failed to take advantage of them.

Mr. Flores's failure to secure stable and appropriate housing for the children also supports the termination of parental rights. 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.

[2] Termination of parental rights is an extreme remedy and is in derogation of the natural rights of the parents. Baker v. Arkansas Dep't of Human Services, supra. However, parental rights should not be allowed to continue to the detriment of the child's welfare and best interest. Id. Here, because the evidence shows that Mr. Flores failed to address his problems with alcohol and anger management, failed at any meaningful participation in therapy, and refused to establish a stable living environment for his children, we affirm the trial court's order terminating his parental rights.

2. Appellant Mary Linker-Flores—Appointed Counsel's Motion to be Relieved

In this case, Mrs. Flores filed a timely notice of appeal, and her appointed counsel, Anne Orsi Smith, petitioned this court to