Page:Canerday-Banks v. State, 2018 Ark. App. 523.pdf/23

 Instead, the Bankses claim that withholding consent was reasonable in light of the maltreatment allegations against the Bartons, and that is the issue on which the dissenting judges base their analysis. The issue must be addressed in two parts: (1) whether DHS included the allegations of maltreatment as one of the "written reasons for withholding consent" pursuant to section 9-9-207(a)(8), and if so, (2) whether the circuit court's determination that DHS unreasonably withheld consent was clearly erroneous.

As to the first question, there is no basis in the record for concluding that DHS presented the maltreatment allegations as one of its reasons for withholding consent. The May 15 letter did not include mention of the allegations, nor could it, as the decision to deny consent was issued before the allegations arose. The August 11 letter does not constitute a "reason for withholding consent" to the Bartons' adoption under any common-sense reading of that phrase. Unlike the May 15 letter, which clearly refers to the Pope County