Bowie v. Arkansas Department of Human Services, 2013 Ark. App. 279

DHS filed an emergency custody petition for Bowie’s three children on April 20, 2012 alleging dependency-neglect.
An CACD report stated five-year-old A.H. had a head laceration after Bowie allegedly hit him with a belt; Bowie was arrested for second-degree domestic battery.
Investigator Britton testified that A.H. described being hit with a belt; medical records showed a head wound requiring staples.
At adjudication, Bowie initially denied involvement, later admitted smacking A.H. during discipline; she refused to testify at the hearing.
The trial court found dependency-neglect based on the wound, changing story, and fifth-amendment silence; the ruling was upheld on appeal.
The majority upheld, noting admissible evidence supported abuse; the Fifth Amendment inference issue was deemed not preserved for review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence supports dependency-neglect	Bowie contends the record lacks preponderance of evidence.	The state argues the wound and inconsistent statements show abuse.	Evidence supports dependency-neglect.
Whether inference from Fifth Amendment silence was proper	State contends silence may justify inference of guilt.	Bowie argues silence was not properly invoked and should not be used.	Fifth Amendment inference not dispositive; preserved issues unclear (majority affirms).
Preservation of Fifth Amendment issue	Issue should be reviewable despite no contemporaneous objection.	Trial court should not rely on Fifth Amendment inference without proper objection.	Issue not properly preserved for appellate review.

Parker v. Arkansas Department of Human Services, 380 S.W.3d 471 (2011 Ark. App. 18) (deference to circuit court; standard in adjudications)
Benedict v. Arkansas Department of Human Services, 242 S.W.3d 305 (2006) (clearly erroneous standard; deference to witness credibility)
Bobo v. State, 285 S.W.3d 270 (2008) (preservation of Fifth Amendment issues in appeals)