Bartelli v. Ark. Dep't of Human Servs., 552 S.W.3d 51

DHS took emergency custody of two children (A.B. and B.B.) in April 2016 and the circuit court adjudicated them dependent-neglected in June 2016.
Bartelli had sporadic participation: represented by counsel early, repeatedly failed to appear for hearings, was often incarcerated and transported, and had an outstanding arrest warrant after missing a review hearing.
The court repeatedly found Bartelli noncompliant with services and case plans, and that he made "no progress"; children remained in DHS custody for 17+ months by the time of the termination proceeding.
A termination petition was filed October 3, 2017; the termination hearing was set for October 25, 2017, with an express written order requiring Bartelli’s presence and providing his counsel’s contact information.
Bartelli did not appear at the termination hearing, filed a motion for continuance, and attempted a late phone call roughly two-and-a-half hours after the hearing began; the court denied the continuance and terminated his parental rights on multiple statutory grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of Bartelli's continuance request was an abuse of discretion	Bartelli argued the court abused discretion by refusing more time to participate	DHS argued a continuance would prejudice the children and delay needed permanency after 17 months in care	Court held denial was not an abuse of discretion and affirmed termination

Smith v. Arkansas Department of Human Services, 93 Ark. App. 395, 219 S.W.3d 705 (2005) (standard: continuances granted only for good cause; abuse-of-discretion review)
David v. State, 295 Ark. 131, 748 S.W.2d 117 (1988) (appellant must show prejudice from denial of continuance)