Reyes-Ramos v. Ark. Dep't of Human Servs. (Dissenting)
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Cite as 2018 Ark. 249 SUPREME COURT OF ARKANSAS No. CV-18-494 MARLENY REYES-RAMOS Opinion Delivered: August 2, 2018 PETITIONER PETITION TO PROCEED IN FORMA PAUPERIS V. ARKANSAS DEPARTMENT OF HUMAN SERVICES AND MINOR CHILDREN DISSENTING OPINION. RESPONDENTS JOSEPHINE LINKER HART, Associate Justice I dissent; Marleny Reyes-Ramos is plainly indigent, and this court should grant her petition to proceed in forma pauperis. Her affidavit provides that she only earns approximately $1,000 each month and that she only has approximately $200 in her bank account. While Reyes-Ramos’s husband, Rolando Juarez, earns approximately $500 each week, the law generally treats separate parents as separate parties with separate legal interests in dependency-neglect proceedings. See, e.g., Adkins v. Ark. Dep’t of Human Servs., 2017 Ark. App. 229 (in dependency-neglect appeal, mother’s case dismissed as moot, father’s case reversed and remanded for further proceedings). Accordingly, Juarez’s income should not be imputed to Reyes-Ramos for purposes of this appeal. Accordingly, I would grant Reyes-Ramos’s petition to proceed in forma pauperis.
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