Thorne v. Arkansas Department of Human Services

374 S.W.3d 912, 2010 Ark. App. 443, 2010 Ark. App. LEXIS 450
CourtCourt of Appeals of Arkansas
DecidedMay 19, 2010
DocketNo. CA 09-583
StatusPublished
Cited by5 cases

This text of 374 S.W.3d 912 (Thorne 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
Thorne v. Arkansas Department of Human Services, 374 S.W.3d 912, 2010 Ark. App. 443, 2010 Ark. App. LEXIS 450 (Ark. Ct. App. 2010).

Opinion

RITA W. GRUBER, Judge.

I iThis court handed down an opinion on April 14, 2010, affirming the trial court’s order adjudicating appellant Don Thorne’s children dependent-neglected. The same day, we issued an opinion affirming the trial court’s order adjudicating the children of Bethany Myers dependent-neglected, in part for the same reasons expressed in our decision affirming the order in Thorne’s case. Myers v. Arkansas Dep’t of Human Servs., 2010 Ark. App. 326, 2010 WL 1487230. Thorne and Myers filed petitions for rehearing alleging that this court’s decisions contained mistakes of law and fact. In response to Myers’s petition, we issued a substituted opinion correcting a nonmaterial mistake of fact and denying her petition. Myers v. Arkansas Dep’t of Human Servs., 2010 Ark. App. 444, 2010 WL 1997411. We correct the same error in this substituted opinion and deny Thorne’s petition.

This is one of four appeals decided today that involve children who were removed from the Tony Alamo Christian Ministries compound in Fouke, Arkansas, in November 2008. The circuit court heard the cases together in one adjudication hearing. Appellant, Don Thorne, is the father of three children placed in DHS’s custody. He challenges the circuit court’s order adjudicating them dependent-neglected. We affirm the court’s order.

In September 2008, DHS took emergency custody of six minor females who lived in Tony Alamo’s residence at the Fouke compound. DHS presented evidence that their parents were aware of beatings administered to the ministry’s children by adults; that some of the parents and other children witnessed the beatings; that the parents condoned the marriage of underage females to adult males and placed their daughters in the residence of Tony Alamo without parental supervision; that Alamo sexually abused one of the girls (M.B.l) and spent time in his bedroom with others; that the parents neglected to provide the children with proper medical care and education; and that they condoned extreme disciplinary measures for young children, such as fasting. On November 18, 2009, we affirmed the circuit courts orders adjudicating the girls dependent-neglected. See Broderick v. Ark. Dep’t of Human Servs., 2009 Ark. App. 771, 358 S.W.3d 909; Seago v. Ark. Dep’t of Human Servs., 2009 Ark. App. 767, 360 S.W.3d 733; Reid v. Ark. Dep’t of Human Servs., 2009 Ark. App. 784, 2009 WL 3855700.

|sThe evidence taken at the girls’ adjudication hearings led DHS to seek emergency custody of many more children in Fouke. The circuit court held an adjudication hearing that began on January 12, 2009, for the Reid, Seago, Broderick, On-drisek, Krantz, Thorne, Myers, Parrish, and Avila children. Many of the children sought by DHS, including some of the Thorne and Myers children, were hidden by their parents or other ministry adults. The court granted DHS’s motion for directed verdict as to the Reid, Seago, Bro-derick, and Ondrisek children because their siblings had already been adjudicated dependent-neglected. On February 17, 2010, we affirmed appeals from those adjudications because the appellants had raised their arguments for the first time on appeal. Today we affirm the orders adjudicating the children of the Thorne, Krantz, Myers, and Parrish families dependent-neglected.

Don Thorne is the father of a daughter, A.T.1, aged fourteen, and two sons, A.T.2, born in 1995, and A.T.3, aged twelve. From an earlier marriage, he is also the father of one of the other appellants, Sophia Parrish, aged twenty-three. He has been a member of the ministry since 1974, when he was nineteen. There was testimony that A.T.1 lived in Tony Alamo’s residence. Thorne works for the ministry and lives on its property in Fouke. At the time of the hearing, his wife, Luisa Corde-ro-Thorne, was in hiding with A.T.1 and A.T.3 with Thorne’s help. Although Thorne claimed to not know where they were, the circuit court held him in contempt until his wife brought the children back.

|4The witnesses at the adjudication hearing were G.P.l (the son of Carlos and Sophia Parish); Jessica Cooper (a former member of the ministry); M.B.l (a former member); Nicholas Broderick (a former member); S.B. (a former member); H.D. (a former member); Don Thorne; Sophia Parrish; Carlos Parrish; Bert Krantz; Debra Ondrisek; Miriam Krantz; Richard Ondrisek; Cindy Allen (a DHS supervisor); Brian Broderick; Alphonso Reid; Bethany Myers; Rebecca Avila; and Jose Avila. Nicholas, M.B.l, and S.B. are siblings of M.B.2, who was a subject of this hearing. Jessica Cooper is their aunt. Like Thorne, the Krantzes, the Parrishes, Bethany Myers, the Ondriseks, the Avilas, Brian Broderick, and Alphonso Reid are parents of some of the children with whom this hearing was concerned.

Jessica Cooper testified that she was born in the ministry in 1972 and married her husband when she was sixteen and he was twenty-seven. She said that the ministry is not a safe environment in which to rear children and testified at length about its communal lifestyle; its secrecy; the reporting system that encourages members to inform on each others’ transgressions; the imposition of fasting as punishment; and the restrictions on members’ contact with the outside world. She said that she left because she wanted her children to go to college and that it was not customary for girls to finish high school because they usually got married. She gave several examples of girls no older than sixteen who married grown men. She stated that, in the past, Tony Alamo had run the organization from prison; that he encouraged parents to give up their parental authority to him; that the parents adopted Alamo’s views and were blind to the risks to their children; and that children were often | <-,separated from their parents, as she was at the age of twelve. She described being in a group of children present when Justin Miller was given 140 licks with a three-feet-long paddle at Alamo’s direction; when it was over, blood seeped through his pants.1 She said that Alamo had spanked her with a board and had beaten others mercilessly, and she named numerous people whom she had seen beaten. Ms. Cooper said that, before she left the ministry, her son confided to her that he was thinking about suicide.

S.B. described being beaten at Alamo’s direction by one of his wives, Michelle Jones, when S.B. and her sisters M.B.l and A.B. were living at Alamo’s residence. She said that A.T.1 (Thorne’s daughter) and L.K. (one of the Krantzes’ daughters) were in the room during her beating. She also said that A.T.1 lived in Alamo’s home, which L.K. visited. She stated that Alamo had slapped her four or five times and that he had hit B.S. (Greg Seago’s daughter), C.R. (Alphonso Reid’s daughter, aged ten), and A.O. (the Ondriseks’ daughter). She also said that some girls were forced to fast. S.B. said that she was threatened with a spanking by John Kolbeck if she told anyone what happened at Alamo’s house. She testified that, in February or March 2008, she and the other girls at Alamo’s house, including A.T.1 and M.M., were forced by Alamo to participate in recording Tape No. 564, in which they denied being molested by him.

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

Related

Campbell v. Ark. Dep't of Human Servs.
2016 Ark. App. 146 (Court of Appeals of Arkansas, 2016)
Seago v. Arkansas Department of Human Services
2011 Ark. 184 (Supreme Court of Arkansas, 2011)
Myers v. Arkansas Department of Human Services
2011 Ark. 182 (Supreme Court of Arkansas, 2011)
Reid v. Arkansas Department of Human Services
2011 Ark. 187 (Supreme Court of Arkansas, 2011)
Krantz v. Arkansas Department of Human Services
2011 Ark. 185 (Supreme Court of Arkansas, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
374 S.W.3d 912, 2010 Ark. App. 443, 2010 Ark. App. LEXIS 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thorne-v-arkansas-department-of-human-services-arkctapp-2010.