Parents of two young children argued that the trial court improperly terminated their parental rights.  A family services worker had testified that the parents’ home was in utter disarray and that one of the children had difficulty breathing, yet the parents continued to smoke.  The Court of Appeals of Arkansas, Division Three, affirmed the judgment of the trial court, noting that an occupational therapist had noticed that one of the children, having arrived at school smelling of cigarette smoke, was coughing horribly and unable to catch his breath.  His condition improved considerably after he was placed in foster care.  Thus, the appellate court ruled that “we cannot say that the evidence is insufficient to support the finding that appellants failed to remedy the conditions causing removal” of the children.

2006 Ark. App. LEXIS 744.