645 S.W.3d 19
Ark. Ct. App.2022Background
- On September 15, 2019, Arkansas police stopped Trevino in Arkansas, discovered methamphetamine in the vehicle, and the three children were taken into DHS custody.
- DHS placed the children on an emergency 72-hour hold and petitioned for emergency custody; Trevino provided a Texas address and DHS identified the maternal grandmother in Texas as a potential placement.
- The court ordered an expedited ICPC home study for the grandmother/aunt in Texas and later adjudicated the children dependent-neglected; the children were placed with the grandmother under ICPC with Arkansas retaining jurisdiction pending Texas approval.
- Trevino was incarcerated (eventually sentenced to federal prison), DHS changed the permanency goal to adoption, and Texas later revoked the grandmother’s placement.
- DHS filed a petition to terminate Trevino’s parental rights in May 2021; the circuit court found statutory grounds and best interest proved and entered termination in August 2021. Trevino appealed, arguing lack of subject-matter jurisdiction under the UCCJEA.
Issues
| Issue | Trevino's Argument | DHS's Argument | Held |
|---|---|---|---|
| Whether Arkansas lacked subject-matter jurisdiction because Texas was the children’s home state under the UCCJEA | Children were Texas residents and Arkansas was only a temporary stop; Arkansas therefore lacked initial jurisdiction | Arkansas validly exercised temporary emergency jurisdiction; no competing custody order in any other state; no proof children lived in Texas six consecutive months | Court held Arkansas had temporary emergency jurisdiction and, because no other state asserted jurisdiction, Arkansas became the children’s home state and retained jurisdiction for the termination proceeding |
| Whether Arkansas should have transferred the case to Texas once emergency actions concluded | Arkansas should have immediately sought transfer to Texas as the home state | UCCJEA permits a court exercising emergency jurisdiction to continue until another state obtains jurisdiction; no Texas proceedings were shown | Court held Arkansas did not err in continuing jurisdiction; transfer was not required absent a competing Texas custody order |
Key Cases Cited
- Ark. Dep’t of Hum. Servs. v. Waugh, 457 S.W.3d 286 (Ark. Ct. App. 2015) (UCCJEA is the exclusive method for interstate child-custody forum selection)
- Bolden v. Ark. Dep’t of Hum. Servs., 547 S.W.3d 129 (Ark. Ct. App. 2018) (subject-matter jurisdiction challenges may be raised at any time on appeal)