Lucas v. Jones
2012 Ark. 365
Ark.2012Background
- Deborah Lucas appeals a circuit-court adoption decree granting Bill Frank Jones and Alice Fay Jones (appellees) custody of J.J.; she seeks appointed counsel as an indigent in a private adoption and challenges the findings supporting adoption.
- J.J. was born May 10, 2005, lived with appellees since 2007, and was in guardianship with supervised visitation and support obligations beginning 2008.
- The guardianship required alcohol/drug testing, counseling, sobriety, employment proof, and rehabilitation completion within a year.
- Appellees filed a petition to adopt J.J. on December 13, 2010; Lucas answered pro se. Hearing set for July 5, 2011.
- After multiple continuances, the November 16, 2011 hearing resulted in a bench ruling that Lucas’s consent was not necessary due to failure to support and communicate for one year, and the court granted the adoption; decree entered November 18, 2011.
- Lucas appeals, arguing lack of appointed counsel and challenges to the court’s findings and best-interest determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was counsel improperly denied to Lucas as an indigent in a private adoption? | Lucas argues constitutional entitlement to appointed counsel. | Jones/Jones contend Lucas did not expressly request counsel; issues not preserved. | No error; the request was not preserved; no explicit request for counsel or ruling. |
| Were Lucas’s consent requirements satisfied to support adoption and was the best interests finding correct? | Lucas contends she did not fail significantly to support or communicate. | Court found significant failure to support for one year and best interests favored adoption. | Consent not required; adoption affirmed as in child’s best interest. |
Key Cases Cited
- Lassiter v. Department of Social Services, 452 U.S. 18 (U.S. 1981) (absence of counsel in civil cases involves due process considerations)
- Bearden v. Arkansas Department of Human Services, 344 Ark. 317, 42 S.W.3d 397 (Ark. 2001) (indigent parent seeking appointment of counsel; reliance on Bearden precedent)
- Turner v. Rogers, 131 S. Ct. 2507 (U.S. 2011) (due process concerns when appointing counsel; limits in adoption cases)