Eason v. Arkansas Department of Human Services
2012 Ark. App. 507
| Ark. Ct. App. | 2012Background
- Jasmine has three children: A.C.1, A.C.2, and A.E.; A.E. born 2011 and taken into emergency custody shortly after birth.
- DHS previously filed emergency custody and dependency-neglect petitions for A.C.1 and A.C.2 in 2010 due to severe injuries to A.C.2.
- A.C.1 and A.C.2 were adjudicated dependent-neglected on August 19, 2010; the offender for A.C.2 remained unidentified.
- Permanency-planning orders shifted the goal to adoption for A.C.1 and A.C.2; neither order was appealed.
- DHS opened a new dependency-neglect proceeding for A.E. after his birth in 2011, due to the ongoing history with his siblings and concern for A.E.’s safety.
- At the probable-cause hearing, DHS noted the ongoing open case, lack of known offender for A.C.2, and Jasmine’s cooperation with services.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether abuse/neglect of one sibling automatically supports dependency-neglect for another. | Jasmine argues no automatic finding; dependency requires evidence of parental involvement. | DHS argues risk to A.E. is established by prior abuse to A.C.2 and history with Jasmine; court may find dependency-neglect based on risk. | No automatic finding; court affirmed A.E.’s dependency-neglect after a full hearing and review of history. |
Key Cases Cited
- Brewer v. Ark. Dep’t of Human Servs., 43 S.W.3d 196 (Ark. 2001) (dependency or risk-based finding for a sibling supports others' adjudication)
- Seago v. Ark. Dep’t of Human Servs., 360 S.W.3d 733 (Ark. 2009) (credibility and focus on child in adjudication; defer to trial court on findings)
- Mois er v. Ark. Dep’t of Human Servs., 233 S.W.3d 172 (Ark. 2006) (de novo standard of review; not clearly erroneous)