Ellis v. Arkansas Department of Human Services and C.E., a Minor Child

Summary

The Arkansas Supreme Court reversed and remanded a permanency-planning decision concerning the placement of a dependent-neglected child. The court held that the circuit court clearly erred by failing to conduct a mandatory review hearing and apply the statutory preference for placement with a qualified relative before changing the permanency goal to adoption. The court of appeals opinion was vacated, and the circuit court was directed to reassess the paternal relatives' home study, the agency's placement recommendation, and the child's best interests.

Holdings

1. A circuit court must conduct the review hearings required by Arkansas Code Annotated section 9-27-337 every six months while a juvenile remains in the custody of the Department of Human Services and until permanency is achieved; failure to conduct the required review hearing was clear error.
2. In custodial placements by DHS in foster care or adoption, an adult relative must receive preferential consideration over a nonrelated caregiver when the relative meets relevant child-protection standards and placement with the relative is in the child's best interest.
3. The statutory preference for relative placement is not limited to a child's initial placement.
4. When the court had failed to conduct the required review hearing, its priority was to conduct that review, consider the relative-placement request and home study under the statutory preference, and only then address permanency planning.

Questions Presented

1. Whether the circuit court clearly erred by failing to conduct the mandatory six-month review hearing in a dependency-neglect case involving a child placed in the custody of the Department of Human Services.
2. Whether the circuit court clearly erred by refusing to consider the Ellises' satisfactory home study and failing to apply the statutory preference for placement with an adult relative over a nonrelated caregiver.
3. Whether the statutory preference for relative placement applies only to a child's initial placement.
4. Whether the circuit court clearly erred by changing the permanency goal to adoption before conducting the required review and considering relative placement.

Disposition

reversed_and_remanded