Churchill v. Arkansas Department of Human Services
2012 Ark. App. 530
Ark. Ct. App.2012Background
- July 5–6, 2011: E.C. hospitalized with skull fracture, multiple rib fractures, retinal hemorrhage, and weight loss; R.C. placed in foster care; ADHS 72-hour hold and petition filed July 8 alleging dependency-neglect.
- Medical staff attributed injuries to non-accidental trauma; doctors questioned caregivers’ explanations for bruises and injuries.
- Dr. Williams testified E.C. had injuries not consistent with minor accidents and suggested shaken baby syndrome as a concern.
- Dr. Farst testified rib fractures were uncommon in infants and likely from a high-force event; retinal hemorrhage and skull fracture supported abuse findings.
- Andrea provided alternative, non-nefarious explanations and claimed responsibility for care changes; Daniel admitted some accidents but no clear trauma.
- Trial court adjudicated E.C. and R.C. dependent-neglected; standard of review on appeal is de novo and affirmed the findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Medical neglect sufficiency | Churchills contend no medical neglect evidence | State argues evidence supports neglect | No clear error; evidence supports medical neglect finding |
| Inadequate supervision | Churchills claim no supervision failure | State argues parents failed to supervise given injuries | No clear error; supervision finding supported |
Key Cases Cited
- Lipscomb v. Arkansas Dep’t of Human Servs., 2010 Ark. App. 257 (Ark. App. 2010) (de novo standard of review; dependency-neglect determinations reviewed for clear error)
- Smith v. Arkansas Dep’t of Health & Human Servs., 100 Ark.App. 74, 264 S.W.3d 559 (Ark. App. 2007) (grounds for dependency-neglect; admissibility and sufficiency considerations)
- Howell v. Arkansas Dep’t of Human Servs., — (—) (principles that a parent’s acts or omissions need not be exclusively by one parent; focus on overall conduct)