Arkansas Department of Human Services v. Cox

Summary

The Supreme Court of Arkansas held that the Greene County Probate Court had jurisdiction to consider Joyce Cox’s guardianship petition concerning a child born in Arkansas. It further held that a Florida ex parte order directing that the child be taken into custody was void and was not entitled to full faith and credit because it lacked jurisdictional validity and had not been registered or enforced in Arkansas under the UCCJEA. The court affirmed the probate court’s orders.

Holdings

1. The Greene County Probate Court had jurisdiction to consider the guardianship petition because Arkansas was the child's home state. Florida did not have jurisdiction under the UCCJEA or PKPA merely because it had proceedings involving the child's siblings or the child's parents.
2. The Florida ex parte order directing that Cheyenne be taken into custody was void ab initio, invalid on its face, and was not a child-custody determination enforceable under the UCCJEA.
3. Even if the Florida order had been valid, it was not entitled to full faith and credit in Arkansas because it had not been registered or enforced through the procedures required by the UCCJEA. DHS lacked authority to execute the order on its own.

Questions Presented

1. Whether the Greene County Probate Court had jurisdiction under the UCCJEA and PKPA to consider Cox's guardianship petition.
2. Whether Florida had jurisdiction based on its existing dependency-neglect proceedings involving Cheyenne's siblings or the Florida ex parte order.
3. Whether the Florida ex parte order was a child-custody determination enforceable in Arkansas.
4. Whether DHS could execute the Florida order without registration, notice, a hearing, or an Arkansas court order.
5. Whether the Florida order was entitled to full faith and credit in Arkansas.

Disposition

affirmed