In the Interest of T.A.

663 N.W.2d 225 (2003)

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In the Interest of T.A.

South Dakota Supreme Court
663 N.W.2d 225 (2003)

Facts

T.A. was a 12-year-old boy with Tourette’s syndrome and attention deficit hyperactivity disorder. One day he was spanked by his stepfather (defendant). After seeing a bruise on T.A., T.A.’s sister told T.A.’s biological father, who reported the matter to authorities. The Department of Social Services (plaintiff) questioned T.A. and confirmed the existence of the bruises. T.A. indicated that some bruises were caused by the spanking, and others were caused when he fell outside. An adjudicatory hearing was held, at which a trial court found that T.A. was abused and neglected. T.A.’s stepfather and mother (defendant) appealed. The spanking occurred when the family was moving to a new home about 50 feet from their old home. T.A. was disrespectful throughout the day and refused to help with the move. When his mother asked him to go to the old home and bring the kitchen trash can, T.A. went, dumped all the trash in the can onto the kitchen floor of the old home, and threw the trash can on the floor of the new kitchen. T.A.’s stepfather testified that T.A. denied having done this and began crying and screaming, and he became out of control, which necessitated the spanking. T.A.’s stepfather grabbed T.A. by the arm, led him to the bedroom, and held him facedown on the bed while he spanked him. T.A.’s stepfather struck T.A. with a belt between eight and 10 times. One strike accidentally went too high, and the stepfather apologized to T.A. T.A.’s stepfather and mother did not attempt an alternative method of discipline before resorting to spanking, and T.A.’s mother did not intervene. Also, no witness other than the stepfather testified that T.A. was crying, screaming, or out of control. At trial, the parents argued that T.A.’s bruises, which lasted for days, were likely caused by falls while performing stunts on his bicycle and his skateboard. Neither of the experts who testified could say with certainty how T.A. became bruised. T.A.’s parents argued that the spanking was necessary, done in a reasonable manner, and sufficiently moderate as permitted by South Dakota law. The parents argued that the evidence presented at the hearing was insufficient to find that T.A. was abused and neglected.

Rule of Law

Issue

Holding and Reasoning (Sabers, J.)

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