2014 Ark. App. 659
Ark. Ct. App.2014Background
- J.J. and J.S. were placed in foster care due to their mother's instability and removal in 2011.
- The mother’s parental rights were terminated for noncompliance and ongoing instability, including abuse findings and prohibited contact incidents.
- Ms. Rogge, the paternal grandmother and guardian, sought to adopt the children in August 2013; the circuit court conducted a September 2013 hearing.
- The circuit court denied adoption on grounds that ADHS consent was not unreasonably withheld and that it was not in the children’s best interest for Rogge to adopt.
- The court noted consent must be given by the lawful custodian unless excused, and found Rogge had been in contempt for contact with the children the day before trial.
- Rogge appeals challenging only the best-interest determination; the court did not reach consent because consent was required and not adequately argued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is adoption in the children's best interest? | Rogge contends adoption is in the children's best interest. | ADHS and appellees argue best-interest supports not adopting. | No, best-interest finding upheld a basis for denial. |
| Was ADHS’s withholding of consent unreasonable or was consent required? | Rogge contends consent was granted or not required. | ADHS withheld consent, which is not unreasonable; consent needed for adoption. | Consent was required; issue of best interest unnecessary to resolve. |
Key Cases Cited
- Cowan v. Arkansas Dep’t of Human Servs., 2012 Ark. App. 576 (Ark. App. 2012) (adoption petition may proceed if consent is obtained or excused and adoption is in the child’s best interest)
- Jimmerson v. Ark. Dep’t of Human Servs., 2013 Ark. App. 341 (Ark. App. 2013) (affirming circuit court termination of parental rights and related adoption considerations)