In re Ethan H. – Corporal Punishment
In re Ethan H., 135 N.H. 681, 609 A.2d 1222 (1992).
NATURE OF THE CASE: This case involved an appeal from a finding that a child was an abused child.
FACTS: D is a physician and the mother of four children. She observed her seven year old son throwing food at the dinner table and he refused to stop. The boy was then taken to the bedroom and spanked six times with an imitation leather belt. An anonymous phone call was received that D has struck her child. The matter was investigated and several bruises were noticed on the child’s lower back. The child admitted that he had been hit by his mother and was placed in protective supervision.
The matter proceeded to trial and the trial court found that D had physically injured her child and that her son was an abused child. This was taken up on de novo review. The de novo review affirmed the finding that the child was abused and D appealed.
ISSUE: What must be proven in order to support a finding that a child was physically injured or abused?
RULE OF LAW: To find that a child was physically injured or abused there must be a finding that this was done under circumstances indicating harm or threatened harm to the child’s life, health or welfare.
HOLDING AND DECISION: The fact that this child had bruises and that the presence of those bruises indicated harm or threatened harm to his health or welfare was unsupported by the evidence. D presented substantial evidence that the child was bruised but not harmed. The state failed to present any evidence that the child was harmed or injured. This is surprising in light of the order of reconsideration under the Doe ruling that required harm or threatened harm for a finding of child abuse. The state also failed to present the evidence of the Dr. who examined the child first and stated that he did not believe that there was child abuse. Reasonable corporal punishment is allowable under our law.
DISPOSITION: Reversed.