Page:Canerday-Banks v. State, 2018 Ark. App. 523.pdf/6

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the ways in which she had been providing for P.S.'s medical needs. Rebecca also testified that she had been adopted from the foster-care system as a child and could relate to P.S.'s experiences.

On cross-examination, Rebecca testified that earlier in the case, P.S. had gone for weekend visits with the Bankses for approximately three months. When questioned about the child-maltreatment allegations, counsel for the Bartons objected, arguing that the claims were found to be unsubstantiated, DHS had already indicated there was nothing that would prohibit the Bartons from adopting the child,[1] and the fact that allegations had been made and found to be unsubstantiated should be enough to establish a record on that issue. DHS's attorney never spoke during this exchange and did not explain the purpose for which the testimony was being offered; but the court, in overruling the objection, stated, "I'm going to go ahead and allow it, though, and I can determine whether DHS is being reasonable here in withholding their consent or not."

Rebecca testified that on May 31, 2017, one of her older children, whom she and David had previously adopted through the foster-care system, was grounded for taking candy from the kitchen after being told not to, flushing her breakfast cereal down the toilet, and lying. Rebecca testified that the child became angry and ran away to a neighbor’s house a few doors away. Rebecca tried to run after her, but after losing sight of the child, Rebecca called 911. The neighbor also called 911, and a sheriff's deputy arrived soon thereafter. Rebecca testified that the sheriff's deputy evaluated the situation and said, "It's a kid being a kid and go back home with mom and dad and behave," and that the sheriff's office took no


  1. This appears to be a reference to the statement DHS made during mediation, which is also cited in the CASA report.

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