Tiffiny Ratliff v. Arkansas Department of Health and Human Services et al.
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SUPREME COURT OF ARKANSAS
No. 07987
TIFFINY RATLIFF,
Opinion Delivered November 15, 2007
APPELLANT,
MOTION TO DISMISS APPEAL.
VS.
ARKANSAS DEPARTMENT OF
HEALTH AND HUMAN SERVICES and
D.K.R., D.R., & A.R. ,
APPELLEES,
MOTION TO DISMISS DENIED;
MOTION FOR BELATED APPEAL
GRANTED.
PER CURIAM
Appellees D.K.R., D.R., and A.R. move the court to dismiss the appeal of an order
terminating parental rights. They argue that Appellant Ratliff did not timely file her notice
of appeal, and as such, this court is deprived of jurisdiction. Appellees point out that the
notice of appeal was filed on July 17, 2007, fortyseven days after the May 31, 2007, order
terminating parental rights. Appellant responds, asserting that a motion for reconsideration
filed within ten days of an order terminating parental rights extends the deadline for filing
of a notice of appeal by thirty days from the deemeddenied date.
Rule 69 (b)(2) sets fourteen days as the time within which the notice of appeal must
be filed in cases involving the termination of parental rights. Ark. Sup. Ct. R. 69(b) (2007).
The express purpose of this rule is “to expedite the appellate process in dependencyneglect
cases ... curtailing extensions, and establishing time lines.” In re Adoption of Rule 69 and
610 of the Rules of the Supreme Court and Court of Appeals (Rules for Appeals in
DependencyNeglect Cases), 366 Ark. Appx. ___ (May 18, 2006) (per curiam). Rule 4(b)(1)
of the Arkansas Rules of Appellate Procedure – Civil allows the deadline for a notice of
appeal to be extended to the deemeddenied date. Ark. R. App. P. – Civ. 4 (b)(1) (2007).
Appellant asks us to extend this appellate rule to dependencyneglect cases; however, we
find that extending this rule would vitiate the purpose of Rule 69(b), and we will not do so.
While the instant case is not a criminal case, we have afforded indigent parents
appealing from a termination of parental rights similar protections as those afforded indigent
criminal defendants. S.F. v. Arkansas Dept. of Health and Human Services, ___ Ark. ___,
___ S.W.3d ___ (Sept. 6, 2007). Because expedition of the appellate process is our stated
goal in dependencyneglect cases, we find that to simply deny this motion would contradict
that purpose, requiring counsel for Appellant to file a motion for belated appeal and further
delaying this appeal. We will therefore deny Appellees’ motion to dismiss and treat
Appellant’s response as a motion for belated appeal.
Relief from the failure to perfect an appeal is provided as part of the appellate
procedure granting the right to an appeal. Id. (citing McDonald v. State, 356 Ark. 106, 146
S.W.3d 883 (2004)). In McDonald, we clarified our treatment of motions for rule on clerk
and motions for belated appeal in criminal cases, explaining:
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Where an appeal is not timely perfected, either the party or attorney
filing the appeal is at fault, or there is good reason that the appeal was not
timely perfected. The party or attorney filing the appeal is therefore faced
with two options. First, where the party or attorney filing the appeal is at
fault, fault should be admitted by affidavit filed with the motion or in the
motion itself. There is no advantage in declining to admit fault where fault
exists. Second, where the party or attorney believes that there is good
reason the appeal was not perfected, the case for good reason can be made
in the motion, and this court will decide whether good reason is present.
Id. at 116, 146 S.W.3d at 891 (footnote omitted). While this court no longer requires an
affidavit admitting fault before we will consider the motion, an attorney should candidly
admit fault where he or she has erred and is responsible for the failure to perfect the
appeal. See Martin v. Ark. Dep’t of Health & Human Servs. ___ Ark. ___, ___ S.W.3d
___ (Apr. 26, 2007) (per curiam). When it is plain from the motions, affidavits, and
record that relief is proper based on error or good reason, the relief will be granted.
McDonald, supra. If there is attorney error, a copy of the opinion will be forwarded to
the Committee on Professional Conduct. Id.
As it is plain from the motions that relief is proper, we grant Appellant’s motion
for belated appeal. Because we grant Appellant’s motion for belated appeal, we deny
Appellee’s motion to dismiss.
Motion to dismiss denied; motion for belated appeal granted.
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