Childers v. Arkansas Department of Human Services, 361 Ark. 227

Summary

The Supreme Court of Arkansas addressed an untimely record in an indigent parent's appeal from an order terminating parental rights. The court directed the trial court to determine whether attorney error caused the delay, ordered the complete record filed, and directed that a briefing schedule be set.

Holdings

1. Because the motion, affidavits, and record were insufficient to determine whether attorney error caused the failure to timely perfect the appeal, the issue of attorney error had to be remanded to the trial court for findings of fact.
2. Indigent parents appealing termination-of-parental-rights orders receive protections similar to those afforded indigent criminal defendants when an appeal has not been timely perfected.

Questions Presented

1. Whether the appeal should be dismissed because the record was not timely filed.
2. Whether the issue of attorney error in failing to perfect the appeal could be resolved on the existing motion, affidavits, and record.
3. Whether an indigent parent appealing termination of parental rights is entitled to protections comparable to those afforded an indigent criminal defendant when the appeal is not timely perfected.

Disposition

remanded