Page:Canerday-Banks v. State, 2018 Ark. App. 523.pdf/2

 and with her mother, both of which did not work out. Each time she was returned to the Bartons' home where she lived with the Bartons and their three older adopted children.

On April 12, 2017, the Bartons filed a motion to intervene in the dependency-neglect case in order to file a petition to adopt P.S. The Bankses then filed a motion to intervene on April 24, 2017, also for the purposes of petitioning the court for adoption of P.S. Rhonda Canerday-Banks is P.S.'s paternal grandmother, and the Bankses had been involved in the case for years. The Bankses had, at one point, moved from Florida to Arkansas to be closer to P.S. and had exercised visitation with the child, but they returned to Florida when P.S.'s biological mother began exercising visitation and seemed to be on track to regain custody of P.S. Following an initial hearing on May 1, 2017, the court granted both motions to intervene. The court ordered that, pending a final hearing, P.S. would remain with the Bartons and would have extended visitation with the Bankses in Florida.

On May 16, 2017, the Bartons filed a petition to adopt P.S. Pursuant to statute, the Bartons had submitted a written request to DHS for its consent to the adoption, but on May 17, 2017, DHS sent the Bartons a letter stating that it was declining to consent to their adoption petition. The letter's subject line referenced the circuit court case name and number, and the letter stated in its entirety:

The Department does not feel it is in the best interest of the juvenile to be adopted by David and Rebecca Barton. In addition, Donald and Rhonda Banks have been involved in the case for some time and have a relationship with the child. Prior to termination, Mr. and Ms. Banks requested placement of the child in their home on more than one occasion. Mr. and Ms. Banks should be given preference in the adoption of the child due to their family connection and relationship with the child.

On May 31, 2017, DHS removed P.S. from the Bartons' home pursuant to a maltreatment investigation. One of the Bartons' older children, who had previously been