474 S.W.3d 90
Ark. Ct. App.2015Background
- In Nov. 2013 DHS filed for emergency custody of two children after the mother left them with an inadequate caretaker; mother tested positive for multiple drugs. Father (Michael Terrell) said he wanted the children to live with him in Mississippi. The trial court entered emergency custody on Nov. 20, 2013.
- In Jan. 2014 the children were adjudicated dependent-neglected; aggravated circumstances found due to children testing positive for cocaine and parents’ lack of participation in services.
- DHS filed to terminate both parents’ rights in Dec. 2014. Paternal grandparents later filed a guardianship petition in Mississippi (Feb. 2015) and moved to intervene in Arkansas, arguing Mississippi had jurisdiction.
- At the Mar. 3, 2015 termination hearing the Arkansas trial court denied the grandparents’ motion to intervene, found it had jurisdiction, and terminated the parents’ rights.
- Terrell appealed soley arguing the trial court lacked subject-matter jurisdiction under the UCCJEA because Arkansas was not the children’s home state.
- The court addressed whether Arkansas’s temporary emergency jurisdiction under Ark. Code § 9-19-204 permitted continuation and eventual termination proceedings absent a competing, jurisdictional custody proceeding in another state.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arkansas had subject-matter jurisdiction under the UCCJEA to terminate parental rights | Terrell: Arkansas was not the children’s "home state" (they came from MS) so Arkansas lacked initial jurisdiction under § 9-19-201 | DHS: Arkansas validly exercised temporary emergency jurisdiction under § 9-19-204; no prior enforceable custody determination existed and no other state had jurisdiction when Mississippi filed later | Court: Arkansas properly exercised temporary emergency jurisdiction which, absent a competing jurisdictional proceeding, made Arkansas the children’s home state and conferred jurisdiction to terminate parental rights |
Key Cases Cited
- Davis v. Arkansas Dep’t of Health & Human Servs., 98 Ark. App. 275, 254 S.W.3d 762 (Ark. Ct. App. 2007) (temporary emergency jurisdiction may continue where no competing custody order exists)
- Arkansas Dep’t of Human Servs. v. Waugh, 457 S.W.3d 286 (Ark. Ct. App. 2015) (UCCJEA is the exclusive method to determine proper forum in interstate child-custody matters)