arguments from both sides and determining that the Bankses' attorney had presented DHS with the consent the day before trial, the court dismissed the Bankses' petition for failing to meet the statutory requirements of Arkansas Code Annotated section 9-9-214(c)–(d) (Repl. 2015).[1]
The Bankses were excused from the courtroom, and the court proceeded with the hearing as to the Bartons' petition to adopt. Rebecca Barton testified that she and David Barton have been married for approximately six years, had adopted three children together, and have five older children from previous marriages. Rebecca testified that she and David became foster parents for P.S. on August 15, 2014, and that except for two unsuccessful trial placements with relatives, P.S. had remained with the Bartons until May 31, 2017, when DHS removed her. Rebecca testified that P.S. had spent more than half her life in their home, had formed a bond with the Bartons and their children, and was very much a part of their family. Rebecca testified that the family loves P.S. She also testified to their ability to care for P.S., stating that they own a 5,800-square-foot home with five bedrooms and four and a half baths, and that P.S. shared a room with the Bartons' seven-year-old daughter, where P.S. had her own bed, dresser and toys. Rebecca estimated the Bartons' annual income to be approximately $410,000 per year. She stated that they had no debt, had reliable transportation, and had the facilities and resources to take care of P.S. She also testified to
- ↑ The Bankses' attorney moved for a continuance, which the court denied when it determined that the attorney had been responsible for drafting the consent and presenting it to DHS the day before trial. The Bankses, in their opening brief, did not challenge the court's denial of their request for a continuance; therefore, it is not before us on appeal.
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