Bean v. Arkansas Department of Human Services
2016 Ark. App. 350
| Ark. Ct. App. | 2016Background
- DHS previously substantiated severe environmental neglect in the Beans’ home in December 2013; multiple children had been removed or placed with grandparents over the years for similar issues.
- Appellants (Jennifer and Jon “Chris” Bean) had three children removed on July 19, 2014; those three remained in foster care when C.B.4 was born May 19, 2015.
- DHS alleged ongoing problems: appellants lied about the pregnancy, concealed the prior removals to obtain housing, declined intensive services, and demonstrated poor infant care and visit behavior.
- DHS filed a petition to adjudicate C.B.4 dependent-neglected on August 19, 2015; a three-day hearing followed and appellants stipulated that the three older children had been adjudicated dependent-neglected.
- The trial court found a history of environmental neglect and parental unfitness that placed C.B.4 at a substantial risk of future harm (including risk if older siblings were returned), adjudicated C.B.4 dependent-neglected, but ordered trial placements rather than immediate removal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to adjudicate C.B.4 dependent-neglected | Beans: C.B.4 was not at substantial risk at adjudication; court relied improperly on a contingent risk tied to return of other children | DHS: Sibling-adjudication doctrine and the family’s long history show substantial risk of future harm to C.B.4 | Court: Affirmed — preponderance supports finding of dependency-neglect based on history, future-risk standard, and sibling circumstances |
Key Cases Cited
- Maynard v. Arkansas Dep’t of Human Servs., 389 S.W.3d 627 (Ark. App. 2011) (standard for adjudication hearings and deference to trial court)
- Seago v. Arkansas Dep’t of Human Servs., 360 S.W.3d 733 (Ark. App. 2009) (standard for appellate review of dependency-neglect findings)
- Johnson v. Arkansas Dep’t of Human Servs., 413 S.W.3d 549 (Ark. App. 2012) (adjudication focuses on child and need not specify which parent committed acts)
- Brewer v. Arkansas Dep’t of Human Servs., 43 S.W.3d 196 (Ark. App. 2001) (parental unfitness can be based on risk of future harm)
- Goodwin v. Arkansas Dep’t of Human Servs., 445 S.W.3d 547 (Ark. App. 2014) (substantial-risk standard contemplates future harm and sibling-return contingencies)