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 grant permanent custody and close the dependency-neglect case was not preserved because she did not object below. It nevertheless reached the sufficiency challenge, determined that the evidence clearly established Ingle's compliance with the case plan and did not support permanent placement with Neal, and reversed and remanded with directions to return custody to Ingle. Justice Paul E. Danielson, concurring in part and dissenting in part, agreed that the custody decision was clearly erroneous but would have remanded for further proceedings rather than ordering immediate return of custody.