Young v. Ark. Dep't of Human Servs.
549 S.W.3d 383
| Ark. Ct. App. | 2018Background
- DHS took emergency custody (72-hour hold) of three children after K.B.2 (infant) died while in the care of appellant Brittani Young's live-in boyfriend, Kwuan Bryant; an ex parte emergency custody and a probable-cause order followed.
- Autopsy was not complete at the adjudication hearing; emergency-room physician testified K.B.2 arrived without pulse, had low core temperature, cloudy eyes, and bruising; no formal cause of death had been established at hearing.
- Forensic pediatric expert (Dr. Farst) testified K.B.2 had multiple fractures (rib fractures at least two weeks old) consistent with inflicted injury but that those fractures would not have caused death and would not have been obvious to the mother.
- Forensic interviews of the older children revealed that Bryant and another father figure used severe corporal punishment; one interview indicated Young spanked less severely; the children said they did not feel unsafe around Young.
- DHS history included a 2015 substantiated report involving corporal punishment by Bryant and a 2017 unsubstantiated report concerning K.B.2; the adjudication court found the children dependent-neglected and specifically found physical abuse and parental unfitness as to Young and Bryant.
- Young moved to reconsider, arguing the written adjudication contradicted the bench findings and that evidence did not support findings against her; motion was deemed denied and she appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports finding that Young physically abused the children | Young: evidence insufficient; she was not present when injury/death occurred and testimony does not show she inflicted abuse | DHS: court could rely on family history, injuries to K.B.2, and corporal-punishment history to find abuse | Reversed as to physical-abuse finding against Young — record does not support that she was the offender |
| Whether evidence supports finding that Young is parentally unfit | Young: DHS history involved Bryant, not Young; prior case closed; injuries not obvious to mother | DHS: family history and abuse findings justify unfitness finding | Reversed as to parental-unfitness finding against Young — record lacks support |
| Whether adjudication of children as dependent-neglected should stand | Young: challenges parts tied to her actions but concedes dependency may remain due to Bryant | DHS: dependency based on risk to children from abuse in household and K.B.2’s injuries/death | Affirmed in part: adjudication of children as dependent-neglected is upheld (family needs services) |
| Whether written adjudication must align with bench findings and evidence | Young: written order conflicts with oral rulings and misattributes abuse/unfitness to her | DHS: court’s overall findings supported removal and dependency | Court relied on oral ruling to interpret intent and reversed written findings as to Young where unsupported by evidence |
Key Cases Cited
- Samuels v. Ark. Dep't of Human Servs., 479 S.W.3d 596 (2016) (standard of review and deference to circuit court credibility findings in dependency-neglect appeals)
- Ashcroft v. Ark. Dep't of Human Servs., 374 S.W.3d 743 (2010) (parents must appeal adverse rulings at adjudication stage to preserve review for later proceedings)
- Osborne v. Ark. Dep't of Human Servs., 252 S.W.3d 138 (2007) (process of juvenile hearings builds on prior findings; findings at earlier hearings are elements of subsequent hearings)
- Porter v. Ark. Dep't of Human Servs., 378 S.W.3d 246 (2010) (oral pronouncements may be used to interpret intent behind written orders)
- Bean v. Ark. Dep't of Human Servs., 498 S.W.3d 315 (2016) (parental unfitness need not be premised on direct harm by the parent; focus is on protecting children)