Cite as 2021 Ark. 188 Digitally signed by Susan Williams SUPREME COURT OF ARKANSAS Reason: I attest to the accuracy No. CV-19-63 and integrity of this document Date: 2023.09.26 14:06:15 -05'00' Opinion Delivered: October 21, 2021

ARKANSAS DEPARTMENT OF HUMAN SERVICES CRIMES APPEAL FROM THE IZARD AGAINST CHILDREN DIVISION COUNTY CIRCUIT COURT APPELLANT [NO. 33CV-18-76]

V. HONORABLE MAUREEN HARROD, JUDGE STEVEN D. MITCHELL APPELLEE ADMINISTRATIVE LAW JUDGE DECISION AFFIRMED; CIRCUIT COURT ORDER REVERSED; COURT OF APPEALS OPINION VACATED.

SHAWN A. WOMACK, Associate Justice

Appellant Arkansas Department of Human Services (DHS) appeals two orders from

the Izard County Circuit Court reversing the DHS administrative law judge’s (ALJ’s) finding

in separate administrative appeals that appellee Steven Mitchell sexually abused two minors,

B.T. and J.C., by sexual contact. In reversing, the circuit court determined that DHS failed

to properly notify Mitchell of its true findings against him in both cases.

DHS has separately appealed both circuit court orders. This case concerns the ALJ’s

true finding with respect to J.C. In a companion case addressing the ALJ’s true finding with

respect to B.T., DHS argued (1) substantial evidence supported the ALJ’s finding that

Mitchell sexually abused B.T. by sexual contact; (2) Mitchell was not deprived due process

because he received an administrative hearing; and (3) Mitchell’s substantial rights were not prejudiced. Ark. Dep’t of Human Servs. v. Mitchell, 2021 Ark. 187 (CV-19-62). We

determined that substantial evidence supported the ALJ’s decision and that Mitchell received

the requisite notice and a meaningful hearing. Id. DHS raises the same arguments in this

case. Thus, for the reasons set forth in Mitchell, 2021 Ark. 187, we affirm the ALJ’s finding

of sexual abuse with respect to J.C.

Administrative law judge decision affirmed; circuit court order reversed; court of

appeals opinion vacated.

Ellen K. Howard, Office of Chief Counsel, for appellant.

Steven D. Mitchell, pro se appellee.

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