adjudication hearing (Arkansas) · Go Syfert
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adjudication hearing in Arkansas

53 Arkansas opinions name it 2 courts 1925–2024 9 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Arkansas opinions naming this issue, 2016–2016
2 sentences

2016In the- seminal case of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the Supreme Court stated that the essence of due process is a fair trial, which it defined as “one in which evidence subject to adversarial testing is presented to an impartial tribunal for resolution of issues defined in advance of the proceeding.” By that definition, the Taffners, especially Anita Taffner, did not get a fair trial at the adjudication hearing.

2016In the- seminal case of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the Supreme Court stated that the essence of due process is a fair trial, which it defined as “one in which evidence subject to adversarial testing is presented to an impartial tribunal for resolution of issues defined in advance of the proceeding.” By that definition, the Taffners, especially Anita Taffner, did not get a fair trial at the adjudication hearing.

11
Manila School District No. 15 v. Wagnergreen
ark · 2004 · cited in 1 Arkansas opinions naming this issue, 2016–2016
2 sentences

2016No. 15 v. Wagner, 357 Ark. 20, 25 , 159 S.W.3d 285, 290 (2004), we explained that a trial judge has a and Chris’s allegations in their brief that they were not informed of their right to appeal the adjudication hearing, the 675 pages of the record do not contain a single word to support the finding that Anita and Chris were not advised of their right to appeal the adjudication hearing.

2016No. 15 v. Wagner, 357 Ark. 20, 25 , 159 S.W.3d 285, 290 (2004), we explained that a trial judge has a and Chris’s allegations in their brief that they were not informed of their right to appeal the adjudication hearing, the 675 pages of the record do not contain a single word to support the finding that Anita and Chris were not advised of their right to appeal the adjudication hearing.

11
Ashcroft v. Arkansas Department of Human Servicesgreen
arkctapp · 2010 · cited in 1 Arkansas opinions naming this issue, 2016–2016
1 sentence

2016See, e.g., Ashcroft v. Ark Dep’t of Human Servs., 2010 Ark.

11
Jones v. Arkansas Department of Human Servicesgreen
ark · 2005 · cited in 1 Arkansas opinions naming this issue, 2016–2016
2 sentences

2016The court further finds that the adjudication order was not appealed. ■ In Jones v. Arkansas Dep’t of Human Services, 361 Ark. 164, 190-91 , 205 S.W.3d 778, 794-95 (2005), we declined to address an ineffective-assistance-of-counsel claim in a termination-of-parental-rights proceeding.

2016The court further finds that the adjudication order was not appealed. ■ In Jones v. Arkansas Dep’t of Human Services, 361 Ark. 164, 190-91 , 205 S.W.3d 778, 794-95 (2005), we declined to address an ineffective-assistance-of-counsel claim in a termination-of-parental-rights proceeding.

11
Lewis v. Arkansas Department of Human Servicesgreen
ark · 2005 · cited in 1 Arkansas opinions naming this issue, 2005–2005
11
Santosky v. Kramergreen
scotus · 1982 · cited in 1 Arkansas opinions naming this issue, 2005–2005
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (44)

CaseCitedYears
Seago v. Arkansas Department of Human Services green
arkctapp · 2009
2 sentences

2020Id.

2020Id.

72010–2020
Samuels v. Arkansas Department of Human Services green
arkctapp · 2016
2 sentences

2023Id.

2018Id. at 7 .

52017–2023
Walker v. Arkansas Department of Human Services neutral
arkctapp · 2017
2 sentences

2024Id.

2018The ad litem cites Walker, supra , which also dealt with this issue: Arkansas Code Annotated section 9-27-327(a)(2) provides that at the adjudication hearing, "[u]nless the court finds that a removal occurred due to an emergency and the agency had no prior contact with the family or the child, evidence shall be presented to the court regarding all prior contact between the agency and the juvenile or the family before a finding of reasonable efforts to prevent removal by the Department of Human Services." In her brief, appellant argues that because DHS had prior contact with appellant and the c

42018–2024
Elizabeth Garner v. Arkansas Department of Human Services and Minor Child green
arkctapp · 2020
2 sentences

2024App. 328, at 8 , 603 S.W.3d 858, 862 . 1 Jodi does not contest the court’s order finding MC1 dependent-neglected. 6 The purpose of an adjudication hearing is to determine whether the allegations in the petition are substantiated by the proof.

2024App. 328, at 8 , 603 S.W.3d 858, 862 . 1 Jodi does not contest the court’s order finding MC1 dependent-neglected. 6 The purpose of an adjudication hearing is to determine whether the allegations in the petition are substantiated by the proof.

22024–2024
Arkansas Department of Human Services and Minor Children v. Lauren Hall, Jefefrey McEwen, and Robert Hall neutral
arkctapp · 2021
2 sentences

2023Id.

2021Id.

22021–2023
Nicholas Burks, Sr. v. Arkansas Department of Human Services and Minor Children neutral
arkctapp · 2021
2 sentences

2022Although he acknowledges that he failed to request these findings at the adjudication hearing, he nevertheless argues that his failure to do so does not waive his right to challenge the sufficiency of the evidence on appeal, citing our opinion in Burks v. Arkansas Department of Human Services, 2021 Ark.

2022Although he acknowledges that he failed to request these findings at the adjudication hearing, he nevertheless argues that his failure to do so does not waive his right to challenge the sufficiency of the evidence on appeal, citing our opinion in Burks v. Arkansas Department of Human Services, 2021 Ark.

22022–2022
Tapp v. Arkansas Department of Human Services neutral
arkctapp · 2017
2 sentences

2020App. 216 , 518 S.W.3d 725 , to support her assertion that the circumstances that exist at the time of the adjudication hearing dictate whether the child is dependent-neglected.

2017Code Ann. § 9-27-327 (a)(1)(A). 25 See id. § 9-27-303(36)(A)(ii). 26 See id. § 9-27-303(36)(A)(vi). 9 Cite as 2017 Ark.

22017–2020
Ferguson v. State neutral
arkctapp · 2015
2 sentences

2018App. 722 , 479 S.W.3d 25 , and held that the trial court abused its discretion in not recusing from criminal proceedings when it had previously presided over an adjudication hearing.

2015An adjudication hearing was held on July 1, 2014, at the conclusion of which, Cite as 2015 Ark.

22015–2018
Sears v. Zumwalt neutral
arkctapp · 2013
2 sentences

2013On March 30, 2011, appellant filed a second motion to dismiss for lack of 2 Cite as 2013 Ark.

2013On March 30, 2011, appellant filed a second motion to dismiss for lack of 2 Cite as 2013 Ark.

22013–2013
Araujo v. Ark. Dep't of Human Servs. neutral
arkctapp · 2019
2 sentences

2021Id., 574 S.W.3d at 685 .

2021Id., 574 S.W.3d at 685 .

12021–2021
Potterton v. Arkansas Department of Human Services green
arkctapp · 2017
1 sentence

2020Further, as we stated in Potterton v. Arkansas Department of Human Services, “the proceedings and orders pertaining to the termination of parental rights ‘build on one another,’ and the findings of previous hearings are elements of subsequent hearings.” 2017 Ark.

12020–2020
Eason v. Arkansas Department of Human Services neutral
arkctapp · 2012
1 sentence

2019Eason , 2012 Ark.

12019–2019
Worrell v. Arkansas Department of Human Services neutral
arkctapp · 2010
1 sentence

2018Id.

12018–2018
Ward v. Ark. Dep't of Human Servs. neutral
arkctapp · 2018
1 sentence

2018Id.

12018–2018
Furnish v. Ark. Dep't of Human Servs. neutral
arkctapp · 2017
1 sentence

2017His rights were not terminated by the order on appeal; thus, he is not a party to this appeal. 3 The court also found that Max McKinney, the noncustodial parent, had contributed to the dependency-neglect of the children as a result of his drug usage. 2 Cite as 2017 Ark.

12017–2017
Thompson v. Arkansas Department of Human Services neutral
arkctapp · 2014
2 sentences

2017App. 724 , 452 S.W.3d 123 , in which this court reversed the circuit court’s refusal to allow parent counsel to call any witnesses at the adjudication hearing: .“The trial court’s refusal to allow Thompson to call witnesses on his behalf denied Thompson an opportunity to be heard in a meaningful manner. ...

2017By failing to allow Thompson to present his witnesses, the trial court denied Thompson’s fundamental right to due process.” Id. at 4, 452 S.W.3d at 125 .

12017–2017
Maynard v. Arkansas Department of Human Services green
arkctapp · 2011
1 sentence

2016Id.

12016–2016
Jackson v. Arkansas Department of Human Services green
arkctapp · 2013
2 sentences

2016In reply, Rodgers continues to insist that “[s]he cannot be required to remedy an issue or condition that was not determined to exist at the time of the adjudication hearing” and cites Jackson v. Arkansas Department of Human Services, 2013 Ark.

2016App. 411 , 429 S.W.3d 276 , in support.

12016–2016
Campbell v. Ark. Dep't of Human Servs. neutral
arkctapp · 2016
1 sentence

2016Her brief does not challenge the circuit court’s denial of her motion to continue the adjudication hearing or the factual findings made in the adjudication order. 3 Cite as 2016 Ark.

12016–2016
Ark. Dep't of Human Servs. v. Veasley green
arkctapp · 2016
2 sentences

2016Arkansas Code Annotated section 9-27-327(a)(1)(A) provides that an adjudication hearing shall be held to determine whether the allegations in a petition are substantiated by the proof. 7 Cite as 2016 Ark.

2016Arkansas Code Annotated section 9-27-327(a)(1)(A) provides that an adjudication hearing shall be held to determine whether the allegations in a petition are substantiated by the proof. 7 Cite as 2016 Ark.

12016–2016
Ferguson v. State neutral
ark · 2016
1 sentence

2016I acknowledge that Judge Elmore was not excused from the requirement of the 14 Cite as 2016 Ark. 319 appearance of impartiality simply because she was not the fact-finder in Ferguson’s criminal trial.

12016–2016
Ark. Dep't of Human Servs. v. Lewis neutral
arkctapp · 2016
1 sentence

2016An adjudication hearing was held on April 6, 2016, and on the same day, the trial court entered an order finding that DHS had failed to meet its burden of proving that the Cite as 2016 Ark.

12016–2016
Taffner v. Arkansas Department of Human Services green
ark · 2016
2 sentences

2016At the termination hearing, Chris again asserted that he received ineffective assistance of counsel because his counsel did not inform him of his right to appeal the adjudication order. 7 Cite as 2016 Ark. 231 In her oral argument to the circuit court, Anita asserted that she had received ineffective assistance of counsel, “the adjudication hearing was not a meaningful hearing, and was not advised of the right to appeal.” Chris joined in this argument asserting that he did not receive a meaningful hearing and received ineffective assistance of counsel.

2016Attorney for [Anita] . . . requesting that this court 8 Cite as 2016 Ark. 231 find that the adjudication hearing in this case was not a meaningful hearing is denied.

12016–2016
Scott v. Ark. Dep't of Human Servs. neutral
arkctapp · 2015
1 sentence

2015An adjudication hearing shall be held Cite as 2015 Ark.

12015–2015
Ferguson v. Ark. Dep't of Human Servs. neutral
arkctapp · 2015
1 sentence

2015At the adjudication hearing, the Fergusons’ teenage foster daughters, B.K. and A.H., Cite as 2015 Ark.

12015–2015
Beeckman v. Ark. Dep't of Human Servs. green
arkctapp · 2015
12015–2015
A.S. v. Randolph Cnty. Cir. Ct. neutral
ark · 2015
1 sentence

2015Cite as 2015 Ark. 221 A.S.’s adoptive parents filed an objection, and the court held a second hearing on January 28, 2015, at which time Dick Jarboe appeared as counsel.

12015–2015
Ingle v. Arkansas Department of Human Services green
ark · 2014
12014–2014
Goodwin v. Arkansas Department of Human Services neutral
arkctapp · 2014
12014–2014
Turner v. Ark. Dep't of Human Servs. neutral
arkctapp · 2014
12014–2014
Jefferson v. Arkansas Department of Human Services green
ark · 2004
12005–2005
Hathcock v. Arkansas Department of Human Services green
ark · 2002
12005–2005
Mathews v. Eldridge green
scotus · 1976
12005–2005
Lassiter v. Department of Social Servs. of Durham Cty. green
scotus · 1981
12005–2005
Price v. Price green
arkctapp · 1989
12004–2004
Ramirez v. White County Circuit Court green
ark · 2001
12002–2002
Daniel v. State green
arkctapp · 1998
12000–2000
Johnston v. Arkansas Department of Human Services green
arkctapp · 1996
11998–1998
Glover v. State green
ark · 1991
11993–1993
Cobbins v. State green
ark · 1991
11993–1993

Statutes the citing opinions construe

AR § Ark. Code Ann. § 9-27-303 (33) AR § Ark. Code Ann. § 9-27-327 (29) AR § Ark. Code Ann. § 9-27-325 (22) AR § Ark. Code Ann. § 9-27-341 (7) AR § Ark. Code Ann. § 9-27-315 (5) AR § Ark. Code Ann. § 9-27-335 (5) AR § Ark. Code Ann. § 9-27-311 (4) AR § Ark. Code Ann. § 9-27-365 (4) AR § Ark. Code Ann. § 9-27-316 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 377 (1911–2026) CA 175 (1893–2026) IL 138 (1896–2026) PA 135 (1851–2026) NE 90 (1897–2025) OH 81 (1923–2026) LA 76 (1976–2025) NC 61 (1906–2026) NY 56 (1886–2026) AZ 56 (1968–2026) AR 53 (1925–2024) MI 47 (1938–2025) UT 42 (1983–2025) MO 41 (1872–2025) KY 34 (1964–2026) GA 34 (1923–2023) CT 32 (1988–2024) OR 28 (1892–2024) KS 25 (1898–2026) MT 24 (1986–2025) ME 23 (1979–2026) IA 21 (1890–2023) OK 20 (1914–2023) MS 19 (1935–2023) IN 16 (1886–2016) WA 16 (1898–2021) AK 11 (2000–2023) NM 11 (1900–2023) RI 11 (1994–2020) TN 10 (1948–2026) WV 10 (1901–2026) FL 10 (1968–2025) SD 9 (1942–1993) MN 9 (1917–2015) VA 8 (1913–2018) NJ 7 (1957–2024) MA 7 (1938–2022) MD 7 (1978–2020) HI 7 (1986–2009) AL 7 (2002–2024) DC 5 (1990–2010) CO 5 (2007–2025) ND 4 (1994–2021) DE 4 (1959–2019) WY 2 (2018–2021) NV 2 (2016–2017) VT 2 (1980–2005) ID 2 (2014–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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