Supreme Court of Arkansas

Chris Taffner and Anita Taffner, Appellants v. Arkansas Department of Human Services and N.t., A.t., B.t., K.t., And…

June 2, 20162016 Ark. LEXIS 203

Summary

The court affirmed the termination of Chris and Anita Taffner’s parental rights. It declined to consider their ineffective-assistance claims because the claims were not fully developed or specifically ruled on below, rejected Anita’s recusal challenge for lack of demonstrated bias, and held that the Sixth Amendment confrontation right does not apply in parental-rights termination proceedings. Justice Hart, dissenting, would reverse and remand for a new adjudication hearing based on due-process violations and ineffective assistance; Justice Danielson, concurring in part and dissenting in part, would likewise reverse and remand on the ineffective-assistance issue; Justice Wood, concurring, would affirm but would rely on untimeliness and question the use of the criminal ineffective-assistance standard.