Taylor v. Ark. D ep't of Human Servs
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Cite as 2010 Ark. App. 725
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CA10-434
Opinion Delivered
HEATHER TAYLOR AND SID
TAYLOR
APPELLANTS
November 3, 2010
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT,
ELEVENTH DIVISION
[NO. JN-2009-2059]
V.
ARKANSAS DEPARTMENT OF
HUMAN SERVICES
APPELLEE
HONORABLE MELINDA GILBERT,
JUDGE
APPEAL DISMISSED
JOHN MAUZY PITTMAN, Judge
Appellant Heather Taylor is the mother of the four children involved in this case.
Appellant Sid Taylor is the father of two of those children. This appeal nominally is from an
order adjudicating the children dependent-neglected1 and from a subsequent disposition order
approving the removal of the children from the custody of their mother and directing that all
four children be placed together in a foster home other than that of their grandparents,
maternal or paternal. Heather Taylor argues that sufficient evidence was lacking for the initial
ex parte order of removal and the order, a few days later, finding probable cause to continue
the removal (the “probable-cause order”). She also argues that the trial court erred in directing
1
It is not the adjudication order that appellants actually take issue with. Instead, they
complain about the earlier probable-cause hearing and order. See Masters v. Arkansas
Department of Human Services, 95 Ark. App. 375, 237 S.W.3d 125 (2006).
Cite as 2010 Ark. App. 725
that the children be removed from the care of the maternal grandparents. Sid Taylor argues
that the trial court erred in holding the initial probable-cause hearing because he was not
given notice of it and in not placing his two children with the paternal grandparents.
With regard to the arguments that the trial court erred in holding the probable-cause
hearing and in finding probable cause to remove the children from Heather Taylor’s custody,
we note that probable-cause orders are not appealable. Masters v. Arkansas Department of
Human Services, 95 Ark. App. 375, 237 S.W.3d 125 (2006). Therefore, there is nothing before
us to review. In any event, the record shows that Heather Taylor and her four children were
already subject to supervision by the Arkansas Department of Human Services because of her
controlled-substance abuse when her subsequent arrest on drug charges led to removal of the
children, and that the youngest child tested positive for cocaine and methamphetamine in
hair-follicle tests performed after the children were taken into protective custody. See Johnston
v. Arkansas Department of Human Services, 55 Ark. App. 392, 393–94, 935 S.W.2d 589, 590
(1996). Furthermore, Sid Taylor had notice of and attended, with counsel, the subsequent
adjudication hearing, and he makes no argument assigning any error to that hearing or the
trial court’s findings relative to it.
Next, both appellants argue that the trial court erred in the disposition proceeding by
ordering that their children should not be placed with either appellant’s parents, asserting that
the trial court’s order disqualifying both sets of grandparents was tantamount to ordering a
particular provider for foster care in violation of Ark. Code Ann. § 9-27-355(b)(2) (Repl.
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Cite as 2010 Ark. App. 725
2009). These issues, too, are not properly before us. Arkansas Supreme Court Rule 69(a)(1)(B) allows an appeal from a dependency-neglect disposition order only if the trial court
certifies that there is no reason for delay of an appeal in accordance with Arkansas Rule of
Civil Procedure 54(b). However, there is no Rule 54(b) certification in either the transcript
or addendum before us. In the absence of such certification, the disposition order is not final
and appealable under Ark. Sup. Ct. R. 6-9(a)(1)(B).
Appeal dismissed.
V AUGHT, C.J., and H ART, J., agree.
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