ARKANSAS DEPT. OF HUMAN SERVICES v. COLE

No. 10-840.

380 S.W.3d 429 (2011)

2011 Ark. 145

The ARKANSAS DEPARTMENT OF HUMAN SERVICES and John M. Selig, Director, in his official capacity, and his successors in Office, and the Child Welfare Agency Review Board and James W. Balcom, Chairman, in his official Capacity, and his Successors in Office, Appellants/Cross-Appellees, and Family Council Action Committee and its President Jerry Cox, Intervenor Appellants/Cross-Appellees, v. Sheila COLE, on her own behalf, and by, for and on behalf of her Granddaughter W.H.; Stephanie Huffman and Wendy Rickman; Frank Pennisi and Matt Harrison; Meredith Scroggin and Benny Scroggin, on their own behalves, and by, for and on behalf of their two Children, N.S. and L.S.; Susan Duell-Mitchell and Chris Mitchell, on their own behalves, and by, for and on behalf of their two children, N.J.M. and N.C.M.; Curtis Chatham and Shane Frazier; and S.H., R.P., and E.P., by and through their next friend, Oscar Jones, Appellees/Cross-Appellants.

Supreme Court of Arkansas.

April 7, 2011.


Attorney(s) appearing for the Case

Dustin McDaniel , Att'y Gen., by: C. Joseph Cordi and Colin R. Jorgensen , Ass't Att'ys Gen., for appellants.

Martha M. Adcock ; Alliance Defense Fund, by: Daniel H. Blomberg , Byron J. Babione, Brian W. Raum , and Sara F. Tappen , for intervenor-appellants.

Williams & Anderson PLC, Little Rock, by: Marie-Bernarde Miller and Daniel J. Beck ; Sullivan & Cromwell LLP, by: Garrard R. Beeney , Stacey R. Friedman , Stephen Ehrenberg , Emma Gilmore , Christopher Diffee , Taly Dvorkis , Angelica Sinopole , and Jared A. Bennett Feiger ; and Christine P. Sun , Leslie Cooper , Rose Saxe , and James Esseks , The American Civil Liberties Union Foundation, Inc., for appellees.

Kelly Browe Olson , for amicus curiae Arkansas Law School Deans and Professors.

Daniel Greenberg , for amicus curiae Dr. Roger Hiatt.

Mitchell, Blackstock, Barnes, Ivers & Sneddon, PLLC, by: Mark Burnette ; and Susan L. Sommer , Flor Bermudez , and Kenneth D. Upton, Jr. , Lambda Legal Defense and Education Fund, Inc., for amici curiae Lambda Legal Defense and Education Fund, Inc., and other civil rights organizations in support of appellees.

Wilmer Cutler Pickering Hale and Dorr LLP, by: Kimberly A. Parker and Heath A. Brooks ; Emily M. Meyers ; Wright, Lindsey & Jennings LLP, by: Stephen R. Lancaster ; and McMath Woods P.A., by: J. Bruce McMath , for amici curiae American Academy of Adoption Attorneys, Arkansas Advocates for Children and Families, Arkansas Chapter of American Academy of Pediatrics, Arkansas Psychological Association, Arkansas Chapter of the National Association of Social Workers, Center for Adoption Policy, Child Welfare League of America, Evan B. Donaldson Adoption Institute, Foster Care Alumni of America, Barbara Miles (Former Arkansas Foster Youth), National Center for Adoption Law & Policy, National Center for Youth Law, North American Council on Adoptable Children, Marcia A. Shobe, Ph.D., and Howard M. Turney, Ph.D.


ROBERT L. BROWN, Justice.

Appellants, the Arkansas Department of Human Services and its Director and his successors, and the Arkansas Child Welfare Agency Review Board and its Chairman and his successors, appeal an Order and Judgment ruling Initiated Act 1 unconstitutional as a violation of fundamental privacy rights implicit in the Arkansas Constitution. Appellee Sheila Cole and the other appellees also cross-appeal against the state appellants and the intervenor...

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