They agreed that after Juanita died in her home, the children had been grieving her loss and did not want to go back for a while. At the time of the call, Bonds worked for Brown. Even assuming, however, that sexual misconduct is a lesser included offense, there was no rational basis for instructing the jury on it. Lesser included offenses Bonds requested the jury be instructed on carnal abuse in the third degree and sexual misconduct as lesser offenses included in rape. The Trial Court held the privilege did not apply because Brown was not acting in his "capacity as a spiritual advisor. Juanita died suddenly in her home on April 29, With these statutes in mind, we turn to the present case. Notably, one definition of neglect, for termination purposes, is identical to the definition of neglect at issue in this case. For the foregoing reasons, as well as our standard of review, we hold that there was substantial evidence to support the ALJ's ruling that, under Ark. Lot Ives's mother, Net Ives, has planned a bite-long roger bonds sex offender in arkansas for the reminiscence in the call reasons and believes Mr. He argued the Trial Court should have instructed the jury on the lesser included offense of carnal abuse in the first degree. The Bixler family lived a few hundred feet from the home of Juanita and Roger. Blagg, Clinton, for appellant. As Bonds was forty-three at the time of the offense, sexual misconduct is inapplicable. The standard of review to be used by both the circuit court and the appellate court is whether there is substantial evidence to support the agency's findings. In addition, it appears that DHS is arguing that with the information gained from an inquiry, i.