Arkansas Department of Human Services v. Walker
2016 Ark. App. 203
| Ark. Ct. App. | 2016Background
- On July 30, 2015, DHS took emergency custody of three children of Toronto Walker: C.W. (15), L.R.1 (11), and L.R.2 (10), and filed petitions for emergency custody and dependency-neglect.
- Police responded to an assault after C.W. reported Walker hit him with a cookie sheet and struck him with a closed fist; Walker was charged with third-degree domestic battery.
- C.W. and an adult sibling reported longstanding physical abuse of the children by Walker, including whipping with an extension cord and choking of L.R.1 and L.R.2.
- DHS investigator observed fresh and older injuries: a recent bruise on C.W., and loop-shaped bruises on the backs of L.R.1 and L.R.2 consistent with cord whippings; children and Walker gave admissions regarding corporal punishment with a cord.
- The trial court adjudicated C.W. dependent-neglected but closed the case as to L.R.1 and L.R.2, finding no proof they were at risk because their loop-shaped injuries were old.
- DHS appealed the denial as to L.R.1 and L.R.2; the Court of Appeals reversed and remanded, finding the trial court’s ruling clearly erroneous.
Issues
| Issue | Plaintiff's Argument (DHS) | Defendant's Argument (Walker) | Held |
|---|---|---|---|
| Whether L.R.1 and L.R.2 are dependent-neglected based on abuse of their sibling | Sibling’s documented abuse puts them at substantial risk of serious harm | No recent injuries to L.R.1/L.R.2; old marks do not show current substantial risk | Reversed: sibling’s abuse and other evidence support adjudication |
| Whether loop-shaped (cord) injuries and admissions constitute abuse beyond "reasonable and moderate" discipline | Cord welts and admissions show discipline exceeded minor marks and create future risk | Argued the cord strikes were intended for bottoms and constituted corporal discipline | Reversed: loop-shaped injuries show more than transient pain/minor marks and indicate substantial risk |
Key Cases Cited
- Arkansas Department of Human Services v. McDonald, 91 S.W.3d 536 (cited for principle that abuse of one child can place siblings at risk)
- Brewer v. Arkansas Department of Human Services, 43 S.W.3d 196 (cited for precedent on dependency adjudication when corporal punishment produces welts)