Chase v. Arkansas Department of Human Services

I dissent to voice my opposition to the evisceration of our standard of review in parental-rights-termination cases. While we purport to require that the facts warranting termination of parental rights be proven by clear and convincing evidence, today’s opinion affirms a decision grounded in, at best, a bare preponderance, if indeed it rises to that level. Even more troubling, the majority has, in my view, imposed a watered-down substantial-evidence standard of review in affirming.

Termination of Mr. Chase’s parental rights was predicated on findings made pursuant to Arkansas Code Annotated…