Evans v. Arkansas Department of Human Services

Court of Appeals of Arkansas

Evans v. Arkansas Department of Human Services

892 S.W.2d 525, 48 Ark. App. 157, 1995 Ark. App. LEXIS 63

CourtCourt of Appeals of Arkansas

DecidedFebruary 8, 1995

DocketCA 94-424

StatusPublished

Cited by1 cases

This text of 892 S.W.2d 525 (Evans v. Arkansas Department of Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Evans v. Arkansas Department of Human Services, 892 S.W.2d 525, 48 Ark. App. 157, 1995 Ark. App. LEXIS 63 (Ark. Ct. App. 1995).

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Opinion

Per Curiam.

The appellee Arkansas Department of Human Services brought an action to terminate the parental rights of Shary Evans, the mother of A.S., a minor. The trial court entered an order declaring Ms. Evans to be an indigent person and appointing present counsel to represent her. Counsel continued to represent Ms. Evans throughout an appeal to this Court. We affirmed the chancellor’s decision to terminate Ms. Evans’ parental rights in an unpublished opinion handed down on January 25, 1995. The appellant’s attorney has now petitioned this Court for attorney’s fees and expenses.

Ms. Evans’ right to counsel in this proceeding is established by Arkansas Code Annotated § 9-27-316(f) (Repl. 1993) which states that a parent or guardian has the right to be represented by appointed counsel, if indigent, during all stages of any proceeding to terminate parental rights or remove custody of a juvenile. That statute also provides that payment of attorney’s fees and costs pursuant to such an appointment is to be awarded from the Juvenile Court Representation Fund. In considering a similar motion, the Arkansas Supreme Court remanded for the trial court to determine the petitioner’s entitlement to attorney’s fees from the Juvenile Court Representation Fund as prescribed by Ark. Code Ann. § 9-27-316. See In re Termination of Parental Rights, 301 Ark. 538, 785 S.W.2d 33 (1990). In the absence of any precedent for an allowance of fees under § 9-27-316 to be made directly by this Court, we likewise remand for the trial court to determine the petitioner’s entitlement to attorney’s fees from the Juvenile Court Representation Fund pursuant to § 9-27-316.

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Per Curiam.

The appellee Arkansas Department of Human Services brought an action to terminate the parental rights of Shary Evans, the mother of A.S., a minor. The trial court entered an order declaring Ms. Evans to be an indigent person and appointing present counsel to represent her. Counsel continued to represent Ms. Evans throughout an appeal to this Court. We affirmed the chancellor’s decision to terminate Ms. Evans’ parental rights in an unpublished opinion handed down on January 25, 1995. The appellant’s attorney has now petitioned this Court for attorney’s fees and expenses.

Ms. Evans’ right to counsel in this proceeding is established by Arkansas Code Annotated § 9-27-316(f) (Repl. 1993) which states that a parent or guardian has the right to be represented by appointed counsel, if indigent, during all stages of any proceeding to terminate parental rights or remove custody of a juvenile. That statute also provides that payment of attorney’s fees and costs pursuant to such an appointment is to be awarded from the Juvenile Court Representation Fund. In considering a similar motion, the Arkansas Supreme Court remanded for the trial court to determine the petitioner’s entitlement to attorney’s fees from the Juvenile Court Representation Fund as prescribed by Ark. Code Ann. § 9-27-316. See In re Termination of Parental Rights, 301 Ark. 538, 785 S.W.2d 33 (1990). In the absence of any precedent for an allowance of fees under § 9-27-316 to be made directly by this Court, we likewise remand for the trial court to determine the petitioner’s entitlement to attorney’s fees from the Juvenile Court Representation Fund pursuant to § 9-27-316.

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Bluebook (online)

892 S.W.2d 525, 48 Ark. App. 157, 1995 Ark. App. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-arkansas-department-of-human-services-arkctapp-1995.

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