Supreme Court of Arkansas

Tonia Ingle, Appellant v. Arkansas Department of Human Services, Appellee

February 6, 20142014 Ark. LEXIS 100

Summary

The court held that Ingle's challenge to the circuit court's authority to end reunification services, award permanent custody, and close the dependency-neglect case was not preserved because she failed to object below. It nevertheless reached her sufficiency challenge, concluding that the evidence did not support placing C.N. permanently with Neal because Ingle had substantially complied with the case plan and the record left the court firmly convinced that the custody decision was mistaken. The court reversed and remanded with directions to return custody to Ingle, while Justice Danielson concurred in the reversal but would have remanded for further proceedings rather than ordering an immediate return of custody.