Duvall v. Arkansas Department of Human Services

378 S.W.3d 873, 2011 Ark. App. 261, 2011 Ark. App. LEXIS 275, 2011 WL 1293976
CourtCourt of Appeals of Arkansas
DecidedApril 6, 2011
DocketNo. CA 10-1252
StatusPublished
Cited by6 cases

This text of 378 S.W.3d 873 (Duvall v. Arkansas Department of Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duvall v. Arkansas Department of Human Services, 378 S.W.3d 873, 2011 Ark. App. 261, 2011 Ark. App. LEXIS 275, 2011 WL 1293976 (Ark. Ct. App. 2011).

Opinion

DAVID M. GLOVER, Judge.

[ j Appellants, Jacee Duvall and Jeremy “Dow” Dollar, appeal the adjudication of dependency-neglect with respect to their son, E.D., born December 2, 2009. Pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and Arkansas Supreme Court Rule 6-9 (i),1 Duvall and Dollar’s attorney has filed a no-merit brief asserting that there are no issues that would support a meritorious appeal and requesting to be relieved as counsel. The clerk of this court provided Duvall and Dollar with copies of counsel’s motion and brief and notified them of their right to file pro se points of appeal. 12Pespite being given the opportunity to do so, Duvall and Dollar have filed no pro se points for reversal. We grant counsel’s motion to withdraw and affirm the trial court’s adjudication of dependency-neglect.

Violation of Fourth Amendment rights

At the beginning of the adjudication hearing and during the testimony of caseworker Angel Simpson, Dollar objected to the admission of the photos taken by Simpson when she investigated a call received on the child-abuse hotline regarding maltreatment of E.D. due to threat of harm, inadequate supervision, and environmental neglect. The photos showed the condition of Duvall and Dollar’s house. Dollar contended that DHS was not authorized to enter their home without a warrant; that such entry violated his Fourth Amendment rights; and that the photos should be suppressed. The trial court refused to suppress the photos. Although appellants’ counsel discusses in depth why this objection is not meritorious, we hold that it is unnecessary to analyze that argument in this case. Here, Simpson’s testimony was that she asked to see the house and Duvall allowed her to do so. It was not until after Simpson had seen the house and taken photographs that Duvall called Dollar, who then told Simpson to leave the house. Duvall did not argue that she refused consent for Simpson to enter the house — in fact, she testified that she did not say no. Voluntary consent to inspect the premises by a co-inhabitant is sufficient. Wigley v. State, 73 Ark. App. 399, 44 S.W.3d 751 (2001). Because Duvall voluntarily consented for Simpson to enter the house, during which time Simpson took the photos, there was no Fourth Amendment violation.

\aSufficiency of evidence for adjudication of dependency-neglect

After receiving the information from the child-abuse hotline, Simpson contacted the Atkins Police Department to accompany her to the residence because there had been allegations of Dollar making threats with guns and stating that he would kill anyone who tried to take his child. Duvall and another man were outside when they arrived; when Simpson made contact with Duvall regarding the allegations of Dollar’s holding E.D. at gunpoint, Duvall denied that Dollar pointed the gun at the child; rather, he pointed it at a relative who was in the car with E.D. Duvall told Simpson that Dollar had used drugs in the past, but that he had not used drugs while they had been together; she denied using drugs.

Simpson testified that she asked Duvall about the condition of the house and asked to see the house, and Duvall allowed her to go inside the house. Simpson reported that it was difficult to walk through the house because of trash, groceries, cleaning supplies, baby food, and cleaning chemicals on the living room floor. She also testified that there were two knives on the kitchen floor and more chemicals in the hallway. Simpson said that she could not go into either bedroom without stepping through piles of clothes and trash; that there was broken glass on the floor; and that there was so much clutter that any number of things could have fallen on E.D. and hurt him. There was a closet with no door knob that had guns on the floor and on a shelf; Simpson was concerned that a child could open the door from the floor. She saw two guns in the house within reach of E.D., and she was also concerned about open bottles of chemicals that were within his reach. Simpson stated that the house smelled strongly |4of dog feces and urine, and that there was also a strong smell of marijuana, although Duvall told her that it was incense.

As discussed above, Duvall called Dollar while Simpson was at the house, and Dollar told Simpson to leave the house. Simpson asked both Duvall and Dollar to submit to drug screens, which they both refused. Simpson explained to Duvall that if Duvall did not submit to a drug screen, Simpson would have to remove E.D. from the home.

On cross-examination, Simpson reiterated that Duvall was outside when she and the officer arrived and that law enforcement made the initial contact with Duvall and the man with her because of the allegations of gun use. When Simpson saw E.D., he smelled like he needed a bath. With regard to the state of the house, Simpson said that although there was nothing structurally wrong with the house, it needed to be cleaned up and there were holes in the door that needed to be repaired.

Luke Swady, the officer who accompanied Simpson to the house, testified that he went inside the residence and that there was so much clutter there was barely room to walk. According to him, he saw guns in a closet, a steak knife on the kitchen floor, and laundry piled halfway up the washing machine in the laundry room.

Melissa Cain, the caseworker assigned to this case, testified that Duvall and Dollar were ordered, among other things, to submit to hair-follicle tests within seven days, which neither of them had done. Cain also related that neither Duvall nor Dollar had executed the consents necessary to have the hair-follicle tests performed.

| ¡¿Duvall testified that she was not outside when Simpson came to her house, but that she was in the laundry room. She agreed that there was a lot of clutter in the house on the day Simpson was there, but asserted that she had cleaned the house after Simpson’s visit. She denied that E.D. could open the closet door where the guns were stored because the working part of the knob was still in the door so the latch still had to be pulled to open the door. Duvall testified that Simpson told her that she was taking E.D. whether or not she took the drug test because of the condition of the house. Duvall initially said that she did not allow Simpson to search the house, but then admitted that she did not tell Simpson no; she said that she asked Simpson if she had to show her through the house and Simpson told her that she could either do it now or she could take E.D. Duvall admitted that she knew she had been ordered to comply with the hair-follicle testing, but she wanted to wait and see how the court ruled on the Fourth Amendment argument that Dollar was making at the hearing before she complied; she said that she was now willing to be tested.

Duvall explained that the gun incident happened when she woke Dollar and told him that “they” had E.D. outside, and that he grabbed the gun because he was alarmed and did not know who had his son. She denied that Dollar used methamphetamine or that he was physically abusive to her, and she disputed that there was dog feces on the floor and trash all over the house.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Stephanie Hoy v. Arkansas Department of Human Services and Minor Child
2022 Ark. App. 237 (Court of Appeals of Arkansas, 2022)
Albert Marvin Arellano v. State of Arkansas
2021 Ark. App. 122 (Court of Appeals of Arkansas, 2021)
Akram v. State
560 S.W.3d 509 (Court of Appeals of Arkansas, 2018)
Allen v. State
2016 Ark. App. 537 (Court of Appeals of Arkansas, 2016)
Billingsley v. Ark. Dep't of Human Servs.
2015 Ark. App. 348 (Court of Appeals of Arkansas, 2015)
Davis v. State
2015 Ark. App. 234 (Court of Appeals of Arkansas, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
378 S.W.3d 873, 2011 Ark. App. 261, 2011 Ark. App. LEXIS 275, 2011 WL 1293976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duvall-v-arkansas-department-of-human-services-arkctapp-2011.