Holder v. Arkansas Department of Human Services
501 S.W.3d 845
Ark. Ct. App.2016Background
- In March 2014 the Department removed M.H. (age 7) after Mother Charisma attempted suicide and Father Joshua was found intoxicated on illegal drugs; a dependency-neglect case followed.
- The juvenile court adjudicated M.H. dependent-neglected in May 2014 and she remained in DHS custody throughout.
- In March 2015 the court found the parents noncompliant with the case plan and set concurrent goals of reunification and termination/adoption.
- DHS filed a petition to terminate parental rights in April 2015; a first termination hearing began June 5, 2015 but the presiding judge recused mid-hearing.
- Judge Spears later received the transcript of the June hearing into evidence at a November 2015 review, then resumed the termination trial in January 2016 and announced termination from the bench; the final order issued February 4, 2016.
- The Holders appealed, arguing the trial court failed to consider testimony from the first hearing (as reflected in the transcript) before ruling.
Issues
| Issue | Holder's Argument | DHS/State's Argument | Held |
|---|---|---|---|
| Whether the trial court rendered its termination decision without considering testimony from the first hearing | The court ruled from the bench at the resumed trial and therefore did not consider the earlier hearing transcript | The transcript had already been placed in the record and reviewed at a prior review hearing; the court had time before entry of the final order to consider it | Affirmed — appellants offered only speculation that the court failed to consider the earlier evidence; no proof the court ignored it |
| Whether the claim was preserved for appeal | N/A (challenged only on appeal as failure to consider evidence) | Failure to contemporaneously object or obtain a ruling below forfeits the issue | Affirmed — issue not preserved because counsel did not raise a contemporaneous objection |
Key Cases Cited
- Anderson v. Ark. Dep’t of Human Servs., 385 S.W.3d 367 (Ark. Ct. App.) (failure to raise challenge below forfeits appellate review)
- Bryant v. Ark. Dep’t of Human Servs., 383 S.W.3d 901 (Ark. Ct. App.) (same)