 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Walters v. Arkansas Department of Human Services4/23/2003
NOT DESIGNATED FOR PUBLICATION
Appellant Chrisshannon Walters appeals from an order terminating her parental rights to Johnny Devonte Brown. For her sole point on appeal, she argues that she was denied a fair and impartial tribunal before which to have her case tried. We affirm.
This case began with a probable cause hearing held on September 28, 2001. At the time of the hearing, Johnny was ten days old and had been taken into emergency custody by appellee Arkansas Department of Human Services (ADHS). At the hearing, ADHS employee Carl Scott testified that he received a report a week earlier that Ms. Walters could not take care of her newborn baby due to mental and emotional problems. Mr. Scott stated that Ms. Walters tested positive for alcohol and was exhibiting bizarre behavior after she gave birth, including threatening the hospital staff and disrobing in front of them. He stated that Ms. Walters had a history of schizophrenia and mild mental retardation. Mr. Scott further testified that after a May 29, 2001, termination hearing, an order was entered terminating parental rights as to two of Ms. Walters' other children. Due to all of these factors, Mr. Scott gave the opinion that Johnny would be at risk of harm if left in Ms. Walters' custody.
After the September 28, 2001, hearing, Judge Joyce Warren entered an order finding probable cause for continuing custody with ADHS. In addition, she transferred the case to Judge Wiley A. Branton. Judge Branton had presided over the prior termination proceedings, and he remained the presiding judge for the remainder of the proceedings in the instant case.
An adjudication hearing was held November 6, 2001, and Ms. Walters testified on her own behalf. She stated that she was in the process of moving out of a rental home and into an apartment, and that she had secured employment at Taco Bell. Ms. Walters denied threatening any of the nurses after Johnny was born, and stated that she was sent directly from the hospital to Living Hope for a psychological evaluation, and remained there for about two weeks.
Ms. Walters acknowledged that she spent about a month in jail shortly before Johnny was born. She stated that she had been fined $500 for public intoxication and in lieu of paying the fine, she elected to go to jail. Ms. Walters indicated that she turned herself in and extinguished the fine because "I knew my baby was coming."
No other witnesses testified at the initial adjudication hearing, and there was a discussion pertaining to Ms. Walters' medical records. The trial court continued the hearing so that the medical records could be produced.
The adjudication hearing resumed on November 13, 2001. At that time, counsel for ADHS indicated that he had collected some of Ms. Walters' medical records, but that they were not relevant to the proceedings and would not be introduced. Then, over Ms. Walters' objection, ADHS called Dr. Tad Tillman and Dr. Paul DeYoub to testify.
Dr. Tillman, a psychiatrist, stated that he attended to Ms. Walters at the hospital a few days after Johnny was born. He stated that Ms. Walters had a blood-alcohol level that indicated alcohol use while she was in the hospital. He stated that when he spoke with Ms. Walters, she was highly paranoid, very defensive, and not forthcoming with information. He also observed that she was irritable and had trouble controlling her anger. Dr. Tillman further indicated that Ms. Walters had been roaming the halls of the hospital carrying the child in a bassinet, and that she would back into walls and other things and did not seem concerned about it. Ms. Walters was also seen repeatedly wrapping and unwrapping the chi
Page 1 2 3 4 Arkansas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|