Arkansas Mother’s Class Action Claims She was Denied Prompt Hearing by DHS

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A proposed class action against a Family Services Worker (in her official capacity) for the Arkansas Department of Human Services alleges the plaintiff was unlawfully denied a prompt post-deprivation hearing after the juvenile court judge presiding over her truancy case jailed the mother of two for five days, during which the plaintiff’s children were reportedly seized and taken into state custody.

The lawsuit alleges the defendant failed to timely file an ex-parte petition—a temporary order pending a formal hearing—within 72 hours of the plaintiff’s children reportedly being taken into custody by the state. This should have been done by close of business on Monday, July 3, 2017, the day the plaintiff was released from jail, the lawsuit says, but was instead filed on July 5. That day, seven days after the plaintiff’s children were reportedly taken into state custody, the court set a probable cause hearing for July 12, seven more days out from when the defendant allegedly filed the ex-parte order. Such a delay, the case argues, is inadequate and unconstitutional.

“The trial court found probable cause at the time of removal, but no probable cause for a dependency case,” the lawsuit claims. “So, custody of the kids was restored to the plaintiff. Had [the defendant] performed her job in a constitutional manner, [the plaintiff] would not have been deprived of her relationship with her children.