FROM THE BENTON COUNTY CIRCUIT COURT NO. 04CV-15-765
HONORABLE THOMAS SMITH, JUDGE
Miller, Butler, Schneider & Pawlik, PLLC, by: Mason L.
Boling, for appellant.
Goff, Office of Chief Counsel, for appellee.
Chrestman Group, PLLC, by: Keith L. Chrestman, attorney ad
litem for minor children.
PHILLIP T. WHITEAKER, JUDGE
Ogborn (Ogborn) appeals the administrative decision of the
Office of Appeals and Hearings (OAH) of the Arkansas
Department of Human Services (DHS) to place her name on the
Child Maltreatment Central Registry. We affirm.
Facts and Procedural History
August 9, 2013, the Bella Vista Police Department (BVPD) was
notified of a matter involving the possible child
maltreatment of S.O. (age 15), K.O. (age 12), and A.O. (age
11). The children informed officers that they were forced to
stay inside their room for long periods of time with little
contact with the outside world and were often forced to go
without adequate food or drink. From this initial contact,
three separate but concurrent proceedings were commenced
against Ogborn: a dependency-neglect proceeding, criminal
proceedings, and the child-maltreatment-registration
proceeding, which is the basis of this appeal.
notified by BVPD of the children's condition. DHS removed
the children from the parents, Janefer and James
Ogborn. DHS did so because of the children's
general appearance: they were underweight and undersized for
their ages, they were extremely thin and emaciated, their
skin was pale, and their eyes were very sensitive to light.
DHS also removed the children because of the parental
treatment within the home: the children were often forced to
stand or sit cross-legged in their room for extended periods
of time; they were not allowed to sleep in their beds and
were forced to sleep on the hardwood floors in their room as
punishment; and their meals consisted of oatmeal or bread
with a smear of peanut butter. Additionally, DHS removed the
children because of the living conditions within the home.
The children all shared the same bedroom, which was painted
in a military-type camouflage pattern with only a single
lightbulb for lighting. The only window in the room was
covered with cloth and sheets with the edges taped to prevent
them from looking out and sunlight from entering. The room
itself was very clean and tidy, but the bunkbeds did not
appear to have been slept in. After removal, DHS initiated a
dependency-neglect proceeding in the Benton County Circuit
Benton County Circuit Court held an adjudication hearing on
October 8, 2013. At the hearing, the circuit court received
into evidence the affidavit of facts outlining the facts
recited above, the case plan, some photos, the children's
medical records, and Ogborn's stipulation to a
dependency-neglect finding. The court then found the children
were dependent-neglected as to Ogborn based on inadequate
food, malnutrition, environmental neglect, and repeated and
extreme cruelty. She did not appeal the adjudication order.
the BVPD responded to the complaints of possible child
maltreatment, the State filed criminal charges against Ogborn
stemming from these allegations. She was charged with three
counts of first-degree endangering the welfare of a minor,
one count of aggravated assault, three counts of first-degree
false imprisonment, and one count of third-degree battery.
She proceeded to a jury trial on these charges. The trial
court ultimately directed a verdict on all but the charge of
third-degree battery, and the jury subsequently acquitted
Ogborn on that count.
with the dependency-neglect action, the Arkansas State Police
Crimes Against Children Division (CACD) conducted a
child-maltreatment investigation. On October 9, 2013, CACD
issued a notice of true finding of abuse/neglect and that, as
a result, Ogborn's name would be placed on the
child-maltreatment central registry. Ogborn timely filed a
notice of appeal and a request for an ...