Chris Taffner and Anita Taffner, Appellants v. Arkansas Departme — Danielson, J., Concurring in Part and Dissenting…

Summary

Justice Danielson concurred in part and dissented in part, agreeing with the court except on ineffective assistance of counsel. He would hold that the parents timely raised and preserved their claims, that counsel performed deficiently by failing to advise them of their right to appeal the adjudication order, and that this failure prejudiced them because it prevented appellate review of the aggravated-circumstances finding. He would reverse the termination order and remand for a new adjudication hearing. Justice Wood, concurring, would affirm based on untimeliness and would question use of the Strickland standard, while Justice Hart, dissenting, would reverse and remand for proceedings before an unbiased judge.