Callison v. Arkansas Department of Human Services
2014 Ark. App. 592
| Ark. Ct. App. | 2014Background
- On January 9, 2014, ED (born July 16, 2012) was found unresponsive after being left in the care of mother Heather Callison; father Joseph Davidson had left briefly.
- ED required intubation and respiratory support; hospital testing detected tramadol (a mother’s prescribed medication) and initially indicated methadone/benzodiazepines.
- Dr. Karen Farst testified ED suffered a life‑threatening respiratory-depressant event that could have caused death or permanent brain damage.
- DHS investigator testified Callison had untreated mental‑health issues, had been acting erratically for weeks, kept medication within ED’s reach, and Davidson knew of these problems yet left ED in Callison’s care.
- Trial court adjudicated ED dependent‑neglected (inadequate supervision) and separately found aggravated circumstances based on extreme cruelty; appellants concede dependency‑neglect but challenge the aggravated‑circumstances finding.
- Trial court ordered reunification as the case goal and found Davidson not credible; this appeal contests only the aggravated‑circumstances finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports finding of aggravated circumstances (extreme cruelty) | Appellants: insufficient evidence to support aggravated‑circumstances finding | DHS: evidence of life‑threatening event, parental knowledge of risk, medications accessible to child, and lack of plausible explanation supports aggravated circumstances | Court: affirmed — finding not clearly erroneous; evidence supports extreme cruelty |
Key Cases Cited
(Consolidated opinion cited multiple Arkansas Court of Appeals decisions without official reporter citations; no authorities with official reporter citations were relied on in the opinion.)