2015 Ark. App. 99
Ark. Ct. App.2015Background
- DHS petitioned for emergency custody of the Ferguson children and for a dependency-neglect adjudication.
- Allegations included parental neglect, unfitness, and physical abuse, specifically that Jacqueline struck L.F.2 and Z.F. with a vacuum-cleaner attachment.
- At adjudication, foster daughters B.K. and A.H. testified they knew of the beatings and had photos of welts, though they were not mistreated themselves.
- Dr. Karen Farst testified that L.F.2 and Z.F. had atypical injuries consistent with trauma from a vacuum-cleaner attachment; she did not attribute marks to an allergic reaction.
- Dr. Brad White opined the welts on L.F.2 were consistent with urticaria but could not rule out trauma from a vacuum-cleaner attachment; Jacqueline admitted striking with the vacuum attachment.
- The trial court adjudicated the children dependent-neglected based on Jacqueline’s physical abuse and Chris’s failure to protect; the court credited B.K. and A.H. and accepted Dr. Farst’s testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion for cross-exam bias | Fergusons contend bias affected credibility. | DHS asserts issue not preserved and no clear error. | Not preserved; even if raised, no clear error; affirmed. |
Key Cases Cited
- Callison v. Ark. Dep't of Human Servs., 446 S.W.3d 210 (2014 Ark. App. 592) (de novo review but defer to trial court on credibility)
- Ingle v. Ark. Dep't of Human Services, 431 S.W.3d 303 (2014 Ark. 53) (preservation requires contemporaneous objection; de novo review does not allow new issues)
- Lamontagne v. Ark. Dep't of Human Servs., 366 S.W.3d 351 (2010 Ark. 190) (contemporaneous objection required to preserve bias claims)
- Maxwell v. Hobbs, 2013 Ark. 307 (Ark.) (de novo review limits on addressing trial-error claims on appeal)