Hannah v. Ark. Dep't of Human Servs.
2013 Ark. App. 502
Ark. Ct. App.2013Background
- DHS took emergency custody of L.H. and A.H. after a hotline alleged abuse, revealing multiple injuries to L.H.
- The court found probable cause for removal and ordered DHS to proceed with adjudication and permanency planning.
- During adjudication, Nicole objected to ACH testimony by speakerphone and to Dr. Buckley’s deposition due to notice issues.
- The court excluded Buckley’s deposition and denied a continuance, citing insufficient notice for deposition testimony.
- The court found clear and convincing evidence of extreme cruelty and abuse, with aggravating circumstances, and ordered no reunification with Nicole.
- termination proceedings began, the court found the children very adoptable and set adoption as the permanency goal, leading to termination in January 2013 and Nicole’s timely appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Buckley deposition | Hannah contends deposition was properly proffered and notice was adequate. | DHS and ad litem argue three days' notice was insufficient under Rule 30. | Deposition excluded; not permissible evidence due to notice defect. |
| Continuance request | Nicole sought a continuance so Buckley could testify in person. | Court denied continuance given scheduling and evidentiary issues. | No reversible error; court acted within discretion. |
| Termination based on abuse/aggravated circumstances | Nicole argues findings of abuse/aggravated circumstances were improper. | DHS asserts findings supported by evidence from adjudication record. | Review limited; appellate court cannot reconsider adjudication rulings in termination appeal. |
Key Cases Cited
- Dowdy v. Ark. Dep’t of Human Servs., 2009 Ark. App. 180, 314 S.W.3d 722 (Ark. App. 2009) (appeal from adjudication required for abuse/aggravated findings)
- Krass v. Ark. Dep’t of Human Servs., 2009 Ark. App. 245, 306 S.W.3d 14 (Ark. App. 2009) (cannot review adjudication rulings in termination appeal)
- Lewis v. Ark. Dep’t of Human Servs., 364 Ark. 243, 217 S.W.3d 788 (Ark. 2005) (guides review of adjudication vs. permanency decisions)