Samuels v. Arkansas Department of Human Services
2016 Ark. App. 2
| Ark. Ct. App. | 2016Background
- Newborn A.S. taken into emergency DHS custody after mother Samantha allegedly dropped him in the hospital while on strong post-Caesarean pain medication and did not immediately notify staff.
- Hospital staff reported prior warnings not to breast-feed or be left alone with the baby; nursing staff later concluded mother was left alone and first called her husband rather than nurses.
- DHS affidavit showed Samantha had prior true finding for medical neglect/failure to thrive (2013) and parental rights to two older children were terminated in 2014; DHS also reported Samantha had mental-health diagnoses and stopped medication during pregnancy.
- DHS investigation resulted in a true finding of inadequate supervision as to both parents; trial court entered ex parte emergency custody and later adjudicated A.S. dependent-neglected.
- Trial court found DHS’s initial contact was an emergency, deemed reasonable efforts unnecessary or satisfied, and that the child faced a substantial risk of serious harm due to parental unfitness/neglect (including Shandon’s inadequate supervision).
- Appellants appealed, arguing (1) the legal conclusion of substantial risk was unsupported, and (2) the court failed to make required findings on reasonable efforts to prevent removal.
Issues
| Issue | Plaintiff's Argument (Samuels) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Whether A.S. was at "substantial risk of serious harm" | Dropping was a one-time, noninjurious incident; mother no longer medicated at hearing; prior termination too remote and unexplained to show present risk | Nursing testimony, parents ignored instructions; Shandon’s inadequate supervision created foreseeable risk; prior termination and mother off meds support risk | Affirmed: Court may find substantial risk based on inadequate supervision by Shandon; only one basis needed for adjudication |
| Whether court erred on "reasonable efforts" to avoid removal | Trial court failed to make specific findings per Ark. Code §9-27-328(b)(2); emergency finding insufficient without explicit finding that child was unsafe even with services; no evidence DHS offered 2013 services | First contact occurred during emergency so statute deems reasonable efforts made; prior involuntary termination of parental rights to siblings also relieves DHS of reunification-effort requirement | Affirmed: Reasonable-efforts findings adequate — emergency exception applies and prior termination of rights to siblings removes requirement for reunification efforts |
| Admissibility/weight of prior DHS history | Need more detail on 2013 termination to rely on it for current risk finding | Prior true finding and termination are properly considered; appellants failed to object below to affidavit evidence | Court considered prior history; appellants waived objection by not objecting at hearing; reliance on prior termination permissible |
| Credibility of witnesses and sufficiency of evidence | Appellants’ testimony disputed nursing accounts; argued nurses left mother alone | Trial court credited nurses as "very credible" and deferred to circuit court on credibility | De novo review nevertheless defers to trial court credibility findings; adjudication not clearly erroneous |
Key Cases Cited
- (None included: the opinion cites Arkansas Court of Appeals decisions without official reporter citations.)