Page:Canerday-Banks v. State, 2018 Ark. App. 523.pdf/7

 action. However, at some point during or after this incident, the child made allegations that the Bartons withheld food as punishment and had bent her thumb back as punishment. Rebecca stated that she met with Deanna Lacefield from the Arkansas State Police, who investigated the allegations and found them to be unsubstantiated. Rebecca denied ever bending any of her children's thumbs back or spanking any of her children, including P.S. She also denied withholding food as punishment. She explained that in the Barton household, getting to go out to eat at a restaurant was considered a treat, and that a child who was grounded at the time of the outing would not be allowed to order at the restaurant. The child would be given the choice to eat before going, eat after they got home, or pack a meal to take to the restaurant. She stated that the children would always be allowed to eat at home but that going out to eat was a privilege that was taken away from a child who was grounded.

She testified that although the state police found that the allegations were unfounded, DHS removed P.S. from the Barton home and sent them a letter dated August 11, 2017, notifying them that it was closing their home as a foster placement. Rebecca testified that DHS never asked her or David any questions about the allegations, and they were not involved in the DHS investigation. When DHS counsel moved to introduce the August 11, 2017 letter, counsel for the Bartons objected, arguing that it had not been turned over in discovery and was not provided to counsel until the day before the hearing. The court admitted the letter, finding that Rebecca had already testified as to its contents and that there was no prejudice from the discovery omission because the Bartons had received the letter. At no point in this exchange did DHS's counsel indicate that the letter was being introduced