B.T. v. State (In Re State Ex Rel. K.T.)
2017 UT 44
| Utah | 2017Background
- Four children (K.T., C.T., Ka.T., Ca.T.) were placed in DCFS custody after the State filed a child-abuse/neglect petition.
- Parents (Mother S.T.; Father B.T.) stipulated at disposition that one child disclosed Mother "has spanked and disciplined her and her siblings with a belt" (a black belt with rhinestones) and that Father "has spanked the children with a belt historically."
- The juvenile court concluded, based on the stipulation and its view that striking a child with a belt is abusive, that the children were abused under Utah Code § 78A-6-105.
- Parents appealed, arguing the stipulated facts lacked any evidence of "harm" required by the statutory definition of abuse.
- The Supreme Court reviewed whether the stipulated facts (alone) met the clear-and-convincing evidentiary standard to prove "harm" (physical, emotional, or developmental injury or damage).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the parents' stipulation that a child disclosed being spanked with a belt was sufficient to prove "abuse" under Utah law | The State: the stipulation that parents struck children with a belt supports an abuse finding | Parents: the stipulation contains no facts showing physical, emotional, or developmental harm required by statute | The court reversed: stipulated fact of spanking with a belt alone did not meet the clear-and-convincing proof of "harm;" additional evidence was required |
Key Cases Cited
- State ex rel. B.T. v. (Juvenile Ct.), 214 P.3d 881 (Utah Ct. App. 2009) (review standard for conclusions of law based on stipulated facts)
- Lovett v. Continental Bank & Trust Co., 286 P.2d 1065 (Utah 1955) (definition of clear-and-convincing evidence: makes disputed facts very highly probable)
- Essential Botanical Farms, LC v. Kay, 270 P.3d 430 (Utah 2011) (discussion of clear-and-convincing standard)
- State ex rel. L.P. v. (Juvenile Ct.), 981 P.2d 848 (Utah Ct. App. 1999) (non-exhaustive factors juvenile courts may consider when determining whether punishment is "unreasonably cruel" and constitutes abuse)