Nobles Law Firm

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  1. McKendra Adams
    Jul 13 - 3:55 pm

    Dear Ethan,

    I have been so interested in the new opinion handed down by the Arkansas Supreme Court titled Donley v. Donley, 2016 Ark. 243 (June 9, 2016). According to my reading of that case, all that is required for a fit parent to terminate a permanent guardianship to which he or she consented is to withdraw consent.

    However, I wonder if that new rule would change if there is an open dependency-neglect case. The open d-n case does not involve any allegations against the parent who is trying to terminate the guardianship. The d-n case consolidated the guardianship case. My question is, after the juvenile court adjudicates whether the child is dependent-neglected or not (and regardless of that outcome since the parent who consented and who wants to terminate the guardianship is not accused of neglecting or abusing the child), can the parent simply voice to the court her desire to immediately terminate the guardianship?

    This may be relevant: the child is not in DHS custody, but remains in the guardians’ custody.

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