Simons v. State, Department of Human Services
2011 ND 190
| N.D. | 2011Background
- Ben Simons and spouse Traci were parents of six children; two additional children were in their care as foster/guardians.
- In 2009, a two-year-old child refused to say respectful phrases; Ben spanked him with a wooden backscratcher after outside-and-inside incidents.
- Over two hours, the father administered approximately 24 swats through pants and a diaper, followed by consolation and admonitions, totaling repeated disciplinary cycles.
- Bruises the size of fifty-cent pieces appeared on the child’s buttocks; social services investigated and found abuse, issuing a services-required finding.
- An ALJ recommended affirming abuse and services-required; the Department amended findings and issued a final order that Simons abused the child and services were required; the district court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the child suffered bodily injury as defined by statute. | Simons contends bruising and pain do not prove bodily injury. | Department contends the evidence shows impairment of physical condition and physical pain. | Yes; evidence supported bodily injury under the statute. |
| Whether the use of force was unreasonable and not justified as parental discipline. | Simons used reasonable force to discipline a two-year-old. | Department found the force used to be excessive and not justified. | Not justified under statute; force was unreasonable. |
| Whether the child abuse statutes are unconstitutionally overbroad or vague. | Statutes sweep too broadly and chill lawful parenting. | Statutes provide adequate notice and narrowly target willful abuse. | Statutes not overbroad or vague. |
| Whether the definition of “abused child” logically incorporates the justification statute. | Abuse definition does not align with reasonable-force defense. | Abuse definition includes willful impairment; reasonable force is a defense but not the basis for abuse finding. | Abuse definition and justification statute properly linked; reasonable force not a basis for abuse finding. |
Key Cases Cited
- Raboin v. North Dakota Dep’t of Human Servs., 552 N.W.2d 329 (N.D. 1996) (limits on spankings showing serious physical harm pre-2007 amendment)
- Walton v. North Dakota Dep’t of Human Servs., 552 N.W.2d 336 (N.D. 1996) (discusses standards for child abuse findings pre-amendment)
- Morales v. State, 673 N.W.2d 250 (N.D. 2004) (bodily injury standard includes physical pain to victim)
- Lechler v. Lechler, 786 N.W.2d 733 (N.D. 2010) (reasonable-force defense for parental discipline)
- Dinius v. Dinius, 564 N.W.2d 300 (N.D. 1997) (parental discipline and reasonable force discussed)
- Salsman v. City of Fargo, 760 N.W.2d 123 (N.D. 2009) (overbreadth/vagueness framework for statutes)
- Holbach v. State, 763 N.W.2d 761 (N.D. 2009) (vagueness analysis standard)
- Kilkenny v. City of Belfield, 729 N.W.2d 120 (N.D. 2007) (guidance on vagueness and reasonable notice)
- Brown v. State, 771 N.W.2d 267 (N.D. 2009) (vagueness and statutory interpretation guidance)
- MCI Telecomm. Corp. v. Heitkamp, 523 N.W.2d 548 (N.D. 1994) (definitional and review principles under statues)
- Kaspari v. Olson, 799 N.W.2d 348 (N.D. 2011) (scope of review under administrative agency decisions)
- Workforce Safety & Ins. v. Auck, 785 N.W.2d 186 (N.D. 2010) (appellate review of agency findings under N.D.C.C. § 28-32-46)
- Teigen v. State, 749 N.W.2d 505 (N.D. 2008) (constitutional analysis and vagueness standards)
- In re Craig, 545 N.W.2d 764 (N.D. 1996) (principles for void-for-vagueness and constitutional review)