FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT
[NO. 66PR-16-131] HONORABLE ANNIE HENDRICKS, JUDGE
Standridge, for appellant.
Goff, Office of Chief Counsel, for appellee.
D. VAUGHT, Judge
Brown appeals the Sebastian County Circuit Court's order
placing her in the long-term protective custody of the State.
On appeal, she argues that her family was not provided notice
of the proceedings and her attorney was erroneously prevented
from cross-examining a witness about Edna's assets.
Because neither issue is preserved for appellate review, we
adult-protective-services case was opened when Edna was
hospitalized on March 4, 2016, following a car
accident. At the hearing, nurse Louise
Spaunhurst testified that she had interviewed Edna at the
hospital and determined that Edna had a mild mental
impairment. She also had significant facial bruising, a
hematoma on her forehead, and bruises on her leg. Spaunhurst
testified that Edna had wrecked her Dodge Spirit and had
then, the same day, totaled her Toyota Tacoma by driving it
into a deep ditch. Spaunhurst stated that the treating
physician was concerned about Edna, so after she had
completed treatment at Mercy Hospital, he transferred her to
Sparks Senior Care for further evaluation. She was diagnosed
with a severe neurocognitive disorder.
Phillip Elangwe's physician report was introduced. In the
report, the doctor states that Edna suffers from vascular
dementia, a mood disorder, and confusion and that she
requires 24-hour supervision in a secure, structured
environment and licensed staff to administer her medications.
The report states that Edna is mentally impaired and does not
have the mental capacity to protect herself from abuse,
neglect or exploitation and that the doctor recommends that
she remain in the protective custody of DHS.
testified that Edna has a nephew and his wife but that they
could not provide the level of care needed. She also
testified that Edna receives $1, 058 per month in Social
Security payments, $224.70 per month in Arkansas Teacher
Retirement System benefits, has $11, 404.96 in her checking
account, and has a savings account containing $4, 820.96. She
also owns the Dodge Spirit, which was damaged in the
accident, and the Toyota Tacoma, which was totaled.
Spaunhurst testified that her recommendation would be for the
Spirit to be appraised and sold. Edna was due to receive $4,
247 from Farmers Insurance for the totaled truck.
Spaunhurst then testified that she recommended that Edna be
placed in Fort Smith Health and Rehabilitation, previously
known as Highlands. She stated that, based on the physician
recommendation, she believed that this placement would be the
least restrictive environment in which Edna could get the
cross-examination, Spaunhurst testified that Edna's
family was present in the courtroom. Edna's attorney then
addressed the court before cross-examining Spaunhurst about
Ms. Pryor: And, Your Honor, based on your ruling in
PR-2016-147, is it my understanding that cross-examining this
witness on the assets-
The Court: Well, I didn't get an objection yet, so I
don't know the answer to that question. Ms. Pryor, if you
ask about her finances and I get an objection, ...