Blanchard v. Arkansas Department of Human Services
2010 Ark. App. 785
| Ark. Ct. App. | 2010Background
- DHS took emergency custody of L.B., B.B., and S.B. on January 25, 2010 after a hotline call.
- A petition for emergency custody and dependency-neglect was filed against Blanchard and Cleveland on January 27, 2010.
- L.B. claimed sexual abuse by Blanchard; DHS interviewed the children and placed a 72-hour hold due to risk.
- An adjudication hearing began March 5, 2010 and was reset; on April 2, 2010 the report with L.B.’s statements was admitted.
- Investigators testified L.B. was credible and detailed the sexual acts; medical exams were normal but do not negate abuse.
- The trial court found L.B. was sexually molested by Blanchard and that B.B. and S.B. were in harm’s way; the adjudication was upheld on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence of L.B.’s abuse by Blanchard | Blanchard argues insufficient evidence of sexual abuse. | Blanchard contends credibility and documentation were improper to prove abuse. | Evidence supported abuse by preponderance. |
| Use and credibility of the report to the prosecuting attorney with attached statements | Relying on the report and summaries shows abuse credibility. | The report’s admissibility and credibility should be preserved for trial court, not appellate review. | Assignment of error waived; court affirmed admissibility and relied on cumulative evidence. |
| Whether L.B.’s non-testimony on the witness stand undermines credibility findings | Court could not rely on a non-testifying child’s statements for credibility. | Trial court credibility determinations were appropriate based on available evidence. | Court properly weighed credibility; deference to trial court preserved. |
Key Cases Cited
- Brewer v. Ark. Dep’t of Human Servs., 43 S.W.3d 196 (Ark. App. 2001) (preponderance standard in dependency-neglect; deference to trial court on credibility)
- Dinkins v. Ark. Dep’t of Human Servs., 40 S.W.3d 286 (Ark. 2001) (great deference to circuit court’s credibility determinations)
- Crawford v. Ark. Dep’t of Human Servs., 951 S.W.2d 310 (Ark. 1997) (credibility and evaluation of testimonial evidence)
- Donahue v. Arkansas Dep’t of Human Servs., 260 S.W.3d 334 (Ark. App. 2007) (preservation of error; admissibility and hearsay arguments raised on appeal)
- Meins v. Meins, 218 S.W.3d 366 (Ark. App. 2005) (non-testifying witnesses’ statements cumulative evidence not reversible)
- K.C. v. Ark. Dep’t of Human Servs., 374 S.W.3d 884 (Ark. App. 2010) (appellate review of factual credibility and deference to trial court)
- Albright v. Ark. Dep’t of Human Servs., 248 S.W.3d 498 (Ark. App. 2007) (credibility determinations in abuse cases)
- Barker v. State, 373 S.W.3d 865 (Ark. App. 2010) (adequacy of development and argument on appeal)