Saimon v. Ark. Dep't of Human Servs. ( 2013 )

Susan
Williams Cite as 2013 Ark. App. 532
2019.01.
03 ARKANSAS COURT OF APPEALS
12:51:47 DIVISION II
-06'00' No. CV-13-427
NEILEEN SAIMON Opinion Delivered September 25, 2013
APPELLANT
APPEAL FROM THE WASHINGTON
V. COUNTY CIRCUIT COURT
[NO. J-11-604]
ARKANSAS DEPARTMENT OF HONORABLE STACEY
HUMAN SERVICES AND MINOR ZIMMERMAN, JUDGE
CHILDREN
APPELLEES AFFIRMED
PHILLIP T. WHITEAKER, Judge
Neileen Saimon appeals from a Washington County Circuit Court order terminating
her parental rights to her two children, R.B. and D.S.,1 arguing that the trial court erred in
relying on a repealed statute to incorporate testimony and evidence from prior proceedings
into its decision to terminate her parental rights. This identical argument was presented to,
and rejected by, this court in Kelso v. Arkansas Department of Human Services, 2013 Ark. App.
509. Thus, for the reasons set forth in Kelso, we affirm.
Additionally, we note that, like the appellant in Kelso, Saimon makes no argument on
appeal that it was not in the best interest of the children for her parental rights to be
terminated, nor does she argue that DHS failed to prove at least one ground alleged for
termination in the petition for termination of parental rights. Therefore, no sufficiency
1
The court also terminated the parental rights of the putative father of R.B., Ronney
Bill, and the putative father of D.S., Manuel (last name unknown). They have not appealed
and are not parties to this action.
Cite as 2013 Ark. App. 532
argument has been preserved for appeal.
Affirmed.
GLADWIN, C.J., and GLOVER, J., agree.
Deborah R. Sallings, Arkansas Public Defender Commission, for appellant.
Tabitha Baertels McNulty, Office of Policy and Legal Services, for appellee.
Chrestman Group, PLLC, by: Keith Chrestman, attorney ad litem for minor children.
2