Baker v. Department of Mental Health for the State
344 S.W.3d 751
Mo. Ct. App.2011Background
- Baker worked as a client attendant trainee at the Marshall Habilitation Center caring for consumers including K.T.
- On February 10, 2007, K.T. had a tantrum; Baker poured water on K.T. while another employee restrained her, prompting concerns of abuse.
- A separate February 10, 2007 incident involved a co-worker calling another consumer a derogatory name after a pinching/hitting incident.
- DMH issued charges of physical abuse and class II neglect; Baker received two letters substantiating the charges and placement on the disqualification list.
- Baker appealed; ALJ upheld the charges; circuit court later remanded for rehearing due to faulty recording; on remand another ALJ substantiated one count of physical abuse and one count of class II neglect.
- Circuit court reversed the DMH findings, ordering Baker removed from the disqualification list; DMH appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Baker's water pouring constitutes physical abuse as brutal or inhumane | Baker's actions were not brutal or inhumane under Mo. law. | DMH treated the act as physical abuse under the rule defining brutal or inhumane treatment. | Not brutal or inhumane; no physical abuse. |
| Whether Baker's failure to report verbal abuse constitutes class II neglect | Failure to report was not a violation amounting to neglect under the regulation. | DMH regulation requires reporting of verbal abuse; failure to report could constitute neglect. | Not neglect; no class II neglect. |
Key Cases Cited
- Oakes v. Mo. Dep't of Mental Health, 254 S.W.3d 153 (Mo. App. E.D. 2008) (defines brutal or inhumane within Missouri law; considers reflexive or defensive actions)
- Jenkins v. Bryles, 802 S.W.2d 177 (Mo. App. S.D. 1991) (emphasizes lack of brutality or savagery where mistreatment is not brutal or inhumane)
- Klein v. Mo. Dep't of Health & Senior Servs., 226 S.W.3d 162 (Mo. banc 2007) (agency factual findings reviewed for substantial evidence; de novo on legal interpretation)
- Atmos Energy Corp. v. Pub. Serv. Comm'n, 103 S.W.3d 753 (Mo. Banc 2003) (standard of review for agency decisions on substantial evidence)
- State ex rel. Mo. State Pipeline v. Herrmann, 142 S.W.3d 700 (Mo. Banc 2004) (regularly cited for administrative-law review principles)