Porter v. Dep't Of Health & Human Services

286 S.W.3d 686 (Ark. 2008)

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Nature of the Case

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Facts

Porter (D) and Diana Rolen, Porter's ex-wife and the mother of D.P., J.P., and S.P., appeared in juvenile court for a Family in Need of Services hearing. D and Rolen had consented to the marriage of sixteen-year-old D.P. to Ralph Rodriguez, a thirty-four-year-old man from Mississippi. D believed Rodriguez to be twenty-five years old. Rolen added that she had given her consent to the marriage because of her fear that D.P. would 'run off' otherwise. When asked why he had consented to his sixteen-year-old daughter's marriage to someone about whom he knew so little D replied that he 'was afraid [D.P.] would run off' and he would 'never hear from her again.' DHS moved that D's three children be taken into DHS custody on an emergency basis so that law enforcement could investigate allegations that Rodriguez was a convicted sex offender. The trial judge granted the motion. DHS filed a petition for emergency custody and dependency-neglect relating to D.P., S.P., and J.P. and alleged that the children were at risk due to the 'parents' inability to provide supervision and make decisions that protect and keep them safe.' The trial judge found D.P. and J.P. should remain in DHS custody because their lives were in 'immediate danger with the parents as the parents have failed to protect the [children].' The attorney ad litem for D.P. filed a motion to void the marriage between D.P. and Rodriguez. At the adjudication hearing, the trial judge determined D.P., S.P., and J.P. were dependent-neglected. D.P. and J.P. were ordered to remain in DHS custody while S.P. was permitted to remain with her paternal grandmother. The judge, in addition, voided the marriage of D.P. and Rodriguez on the basis that the parental consent was obtained through coercion and misrepresentation of Rodriguez's age and that D.P. lacked the mental capacity to enter into a contract of marriage. D appealed.