Lucas v. Jones

Summary

Deborah Lucas appealed an Arkansas circuit court decree granting her parents’ petition to adopt her daughter. The Arkansas Supreme Court held that Lucas had not adequately preserved her constitutional claims concerning appointed counsel because she did not expressly request appointed counsel or obtain a specific ruling. The court also affirmed the findings that her consent was unnecessary due to her significant failure to support the child and that the adoption was in the child’s best interest.

Holdings

1. Lucas did not preserve her constitutional arguments concerning appointed counsel because her motion sought a continuance to seek counsel rather than expressly requesting that the court appoint counsel, and she failed to obtain a specific ruling on appointment of counsel.
2. The circuit court did not clearly err in finding that Lucas's consent was unnecessary because she significantly failed, without justifiable cause, to provide support for J.J. for at least one year.
3. The circuit court did not clearly err in finding that the adoption was in J.J.'s best interest.

Questions Presented

1. Whether Lucas preserved a claim that she was constitutionally entitled to appointed counsel as an indigent parent in a private adoption proceeding.
2. Whether the circuit court clearly erred in finding that Lucas's consent to the adoption was unnecessary because she significantly failed, without justifiable cause, to support the child for at least one year.
3. Whether the circuit court clearly erred in finding that the adoption was in J.J.'s best interest.

Disposition

affirmed