NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

PER CURIAM

TAMMY (MYNES) IBURG and

CLEMENT AUCOIN

APPELLANTS

V.

ARKANSAS DEPARTMENT OF HUMAN SERVICES

APPELLEE

CA00-917

July 5, 2001

MOTION FOR ATTORNEY'S FEES

DENIED

David R. Hogue, appointed attorney for the indigent appellants, has filed a motion seeking an attorney's fee and expenses for his representation of appellants on appeal of the termination of their parental rights. However, the State has failed to appropriate funds as a source from which Mr. Hogue's claim may be paid. See Baker v. Arkansas Department of Human Services, 340 Ark. 409-A, 16 S.W.3d 530 (2000) (supp. op. granting reh'g). Inasmuch as Mr. Hogue's claim is one against the State for services performed on behalf of the State, the State is responsible for a reasonable fee and allowable expenses, and he may pursue his claim before the Arkansas State Claims Commission. See id.; State v. Post, 311

Ark. 510, 845 S.W.2d 487 (1993); see also Baker v. Arkansas Department of Human Services, 340 Ark. 408, 12 S.W.3d 200 (2000).1

1 We note that the General Assembly has recently acted to provide funds for attorney's fees and expenses in termination cases. See Act 1267 of 2001. However, that Act contains no emergency clause or specified effective date and, therefore, will not become effective until ninety days after adjournment of the legislative session at which it was enacted. See Ark. Const. Amend. 7; Tate v. Bennett, 341 Ark. 829, ___ S.W.3d ___ (2000). As the 2001 regular session was adjourned on May 14, 2001, see Op. Att'y Gen. #2001-138, Act 1267 will not become effective until August 13, 2001.