2015 Ark. App. 69
Ark. Ct. App.2015Background
- Grandparents Brenda and Calvin Mode petitioned to adopt their four grandchildren in April 2013; the children were in DHS custody and the mother’s parental rights had been terminated.
- The Modes had regular visitation while DHS custody proceedings were pending; they sought adoption after distancing themselves from the mother for her drug use.
- At the adoption hearing, the Modes testified about their relationship with the children, financial ability, and that they had not been awarded prior guardianship because of their closeness to the mother.
- DHS moved for a directed verdict, arguing statutory deficiencies: no evidence of DHS consent (or request for it), no FBI background checks in the record, missing birth certificates, and the home study was not admitted as evidence.
- The trial court granted DHS’s directed-verdict motion, finding appellants failed to present evidence that DHS consented or was unreasonably withholding consent and that statutory requirements were unmet.
- The Modes appealed, arguing the evidence showed adoption was in the children’s best interest and that missing documentary deficiencies could be remedied; the appellate court affirmed dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHS’s written consent was obtained or excused | Modes: adoption in children’s best interest; consent issue curable | DHS: no consent requested or presented; court lacks authority to grant without consent or excuse | Held for DHS — no evidence DHS consented or was excused; petition must be dismissed |
| Whether the adoption was shown to be in the children’s best interest | Modes: testimony demonstrated fit, longstanding relationship, ability to provide | DHS/ad litem: statutory and evidentiary gaps prevent showing best interest | Court: even if best-interest arguable, lack of consent/ statutory compliance fatal |
| Compliance with statutory documentary requirements (FBI checks, birth certificates, home study) | Modes: defects could be remedied; home study filed of record | DHS: background checks missing, birth certificates not in record, home study not admitted | Court: statutory deficiencies existed and supported dismissal alongside consent issue |
| Appropriateness of directed verdict/dismissal | Modes: testimony sufficed to avoid directed verdict; issues could be fixed | DHS: plaintiffs failed to make prima facie case; no evidence to excuse consent | Court: directed verdict and dismissal affirmed — plaintiffs failed to meet burden |
Key Cases Cited
- In re Adoption of M.K.C., 313 S.W.3d 513 (Ark. 2009) (adoption requires clear and convincing evidence that adoption is in child’s best interest)