415 S.W.3d 45
Ark. Ct. App.2012Background
- DHS placed emergency hold on A.D., J.N., and R.N. due to maternal amphetamine use and prior neglect/abuse concerns.
- Initial dependency-neglect finding occurred; goal set for reunification with Amber, with visitation to Amber and Doss family.
- In 2010, DHS sought termination of reunification; court found aggravated circumstances by Amber and changed goal to adoption with permanent custody considerations.
- Parental rights were terminated in November 2010; DHS authorized to consent to adoption; Bonnie Mann continued visitation until May 2011.
- Jimmy Mann petitioned to intervene (June 2, 2011) seeking adoption and guardian appointment; courts ordered home studies and heard petitions in Sept. 2011.
- Trial court denied permissive intervention as untimely and due to lack of recent contact; Mann appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of intervention petition | Mann argues timeliness was met; case had not progressed to finality. | Trial court properly found untimely since goal changed to adoption in Aug 2010, before petition. | No abuse of discretion; petition untimely. |
| Now-rejected basis: lack of recent contact/visitation | Mann asserts potential harm to stability if allowed to intervene. | No prejudice; Mann had no recent contact and plaintiffs showed risk of harm re: environment. | Court did not abuse discretion; lack of recent contact supports denial. |
Key Cases Cited
- Ballard v. Garrett, 349 Ark. 371, 78 S.W.3d 73 (2002) (petitions to intervene may be denied for late filing)
- Kelly v. Estate of Edwards, 2009 Ark. 78, 312 S.W.3d 316 (2009) (timeliness factors in intervention petitions)
- Milberg, Weiss, Bershad, Hynes, and Lerach, LLP v. State, 342 Ark. 303, 28 S.W.3d 842 (2000) (strong showing required for post-judgment intervention)
- Burt v. Ark. Dep’t of Health & Human Servs., 99 Ark.App. 402, 261 S.W.3d 468 (2007) (relative rights post-adoption contrasted with pre-adoption rights)
- Employers Nat’l Ins. Co. v. Grantors to the Diaz Refinery PRP Comm. Site Trust, 313 Ark. 645, 855 S.W.2d 936 (1993) (timeliness and prejudice considerations in intervention)