Bean v. Ark. Dep't of Human Servs.
2016 Ark. App. 58
Ark. Ct. App.2016Background
- DHS filed an emergency custody/dependency-neglect petition (July 2014) for three children based on alleged environmental neglect, inadequate supervision, and medical neglect; children were held and DHS custody continued after probable-cause and adjudication hearings.
- On September 16, 2014, the children were adjudicated dependent-neglected; reunification was the case goal and parents were ordered to comply with services and court-ordered requirements.
- At a permanency-planning hearing (June 30, 2015), the court orally announced a change to adoption as the primary goal with a concurrent goal of reunification/termination and found parents had not made substantial progress.
- Counsel for the Beans requested a Rule 54(b) certificate to make the permanency-planning order immediately appealable; the court denied the oral request and the written July 1, 2015 permanency-planning order noted the denial and scheduled a termination hearing for October 2015.
- Appellants moved to reconsider and asked the court to certify the order under Ark. R. Civ. P. 54(b); the circuit court did not rule on that motion and appellants appealed the denial of the Rule 54(b) certificate.
- The Court of Appeals dismissed the appeal without prejudice for lack of a final, appealable order, concluding the denial of a Rule 54(b) certification is not immediately appealable under the circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of a Rule 54(b) certificate is immediately appealable | Beans: denial is immediately appealable under Ark. R. App. P.–Civ. 2(a)(2) | DHS: denial is not a final or appealable order; interlocutory and premature | Denied appealability; dismissal for lack of jurisdiction |
| Whether court abused discretion by refusing Rule 54(b) certification without considering relevant factors | Beans: court abused discretion by not making or stating the specific factual findings required by Rule 54(b) | DHS: certification is discretionary and denial does not conclude rights or end litigation | Court did not reach merits; held denial did not have practical effect of final ruling so no jurisdiction to review |
Key Cases Cited
- Schubert v. Arkansas Department of Human Services, 357 S.W.3d 458 (Ark. 2009) (permanency-planning orders appealable only if court complies with Ark. R. Civ. P. 54(b))
- Arkansas Department of Human Services v. Denmon, 346 S.W.3d 283 (Ark. 2009) (permanency-planning order is not final absent Rule 54(b) certification)
- Doe v. Union Pacific Railroad, 914 S.W.2d 312 (Ark. 1996) (Rule 2(a)(2) requires an order to practically end litigation or a separable branch to be appealable)
- Henson v. Arkansas Department of Human Services, 434 S.W.3d 371 (Ark. App. 2014) (intermediate orders affecting the judgment may be reviewed on appeal from a final order)