Page:Canerday-Banks v. State, 2018 Ark. App. 523.pdf/9



Q: Okay. Now, as far as Ms. Barton had testified as to why the Department had closed the foster home, is that your understanding of that's why the Department closed her foster home?

A: Yes.

At no point did Smith testify that DHS's decision to withhold consent to the Bartons' adoption petition was based on the maltreatment allegations.

Smith stated that a home study was done on the Bankses and that they had been involved in the case for "quite some time." She testified that the Bankses had undergone background checks and had their home approved as a provisional foster home in order to allow for weekend visitation with P.S. Smith also testified that the transfer of P.S. between the Bartons and the Bankses before and after each visitation went smoothly and that P.S. had been excited to see Mrs. Banks.

On cross-examination, Smith reiterated that DHS's preference was for the Bankses to adopt P.S. "because they're family." Smith acknowledged that Rhonda Canerday-Banks's son's parental rights to P.S. had been terminated because he did not follow through with the case plan or abide by court orders. She acknowledged that P.S. and the Bartons have a bond because the child had lived with them for over half her life. Smith testified that having sufficient financial stability to adopt a child is important and is required by statute, and she testified that she was aware that a credit-card company had recently sued Rhonda Canerday-Banks for failure to pay. She also acknowledged that the DHS home study of the Bankses