termination case was pending, the child lived primarily with the foster parents in Russellville but was given visitation with the grandparents in Florida. In May 2017, DHS removed the child from the foster parents' home. On May 15, 2017, DHS refused the foster parents' request to consent to place custody of the child with them, citing that it was not in the best interest of the child. On the other hand, shortly before the adoption hearing, DHS consented to placing custody of the child with the grandparents. In an unrelated proceeding with unrelated foster children, fourteen days prior to this adoption hearing, DHS disqualified and terminated the Bartons as foster parents; not to this child, but to all foster children in the State of Arkansas. On August 11, DHS mailed a letter to the Bartons thanking them for their previous services as foster parents and informing them that their home would officially be closed as a foster home for the following reasons:
- Using food as punishment.
- Complexity of the care of the adoptive child and the concerns you mentioned with the child during the child maltreatment investigation.
- The Department found the neighbor to be credible and the adoptive child was fearful.
- The Department does believe that the bending back of the thumb is taking place in the home.
- The Department does believe that the Bartons have spanked the foster child.
The Bartons disagreed with their disqualification by DHS and appealed the decision. According to Mrs. Barton, their appeal of their disqualification as foster parents was pending at the time of the adoption proceeding. The circuit court specifically stated that
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