Page:Canerday-Banks v. State, 2018 Ark. App. 523.pdf/8

 as a reason for DHS's decision to withhold consent to the adoption petition. Consent to adoption was never discussed in relation to the August 11 letter.

Rebecca testified that the Bartons' home had been open as a foster home for a little over three years and had been reevaluated annually. A favorable home study of the Barton home, produced by Grace Adoptions, was admitted into evidence. Rebecca testified that through their attorney, the Bartons had submitted a written request to DHS for consent to their adoption petition. Rebecca noted that the May 15, 2017 letter denying the Bartons' request for consent to adopt P.S. was sent two weeks before the May 31 event giving rise to the maltreatment allegations. Rebecca testified that the decision to close her home as a foster home was made by a committee that met in Little Rock.

David Barton testified in keeping with Rebecca’s testimony. The Bartons also presented the testimony of several family friends, daycare teachers, and their adult daughter, who all testified that the Bartons are great parents and love P.S., that the child has a strong bond with the entire Barton family, and that P.S. was very much "part of the family." P.S. had been the flower girl in the wedding of the Bartons' older daughter and always referred to the Bartons' other children as her brothers and sisters.

DHS called Victoria Smith, who identified herself as the DCFS County Supervisor for Pope County. Counsel for DHS asked Smith why "the Department prefer[red] the Banks[es] over the Bartons." Smith responded, "The Banks are family." She later again testified that it was DHS's concern that it would be "severing the bond - - this family relationship with the Banks[es]." Smith's only testimony related to the maltreatment allegations is as follows: