State Ex Rel. Lp

1999 UT App 157, 981 P.2d 848, 1999 WL 298505
CourtCourt of Appeals of Utah
DecidedMay 13, 1999
Docket981535-CA
StatusPublished

This text of 1999 UT App 157 (State Ex Rel. Lp) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Lp, 1999 UT App 157, 981 P.2d 848, 1999 WL 298505 (Utah Ct. App. 1999).

Opinion

981 P.2d 848 (1999)
1999 UT App 157

STATE of Utah, in the Interest of L.P., a person under eighteen years of age.
S.S.P. and R.P., Appellees,
v.
State of Utah, Appellant.

No. 981535-CA.

Court of Appeals of Utah.

May 13, 1999.

*849 Jan Graham, Atty. Gen., and John Peterson, Asst. Atty. Gen., Salt Lake City, for Appellant.

John E. Laherty, Laherty & Associates, PC, Salt Lake City, for Appellees.

Martha Pierce and Christine S. Decker, Salt Lake City, Guardians Ad Litem.

Before Judges GREENWOOD, BENCH, and DAVIS.

OPINION

DAVIS, Judge:

¶ 1 The State of Utah appeals from the Third District Juvenile Court's determination that the State "failed to meet its burden of proving abuse or neglect of the child by clear and convincing evidence." Because the juvenile court did not apply the appropriate statutory definition in determining that L.P. was not an abused child, we remand for proceedings consistent with this opinion.

BACKGROUND

¶ 2 L.P. is a fourteen-year-old child, the oldest of four children in the household. S.S.P. is L.P.'s natural mother. This appeal arises from the following chain of events. First, during an argument, L.P. was struck in the chest by her mother with "moderately hard force." The next day, L.P. reported the incident to school officials, two of whom observed redness in L.P.'s chest area. Later that day, L.P. reported tenderness and pain in her chest area to Lori Thomassen, a Child Protection Services worker. Upon examining L.P.'s chest area, Thomassen observed no redness. Subsequently, the Utah Division of Child and Family Services (DCFS) took L.P. into protective custody. It was then discovered that two months prior to the incident described above, S.S.P. had struck L.P. in the face with her hand while L.P. was arguing with her sister at church, giving L.P. a swollen lip. After L.P. reported that her mother struck her in the chest, DCFS filed a verified petition alleging that L.P. was an abused child as defined by the Juvenile Court Act under section 78-3a-103(1)(a)(i) of the Utah Code.[1]

¶ 3 At the conclusion of an evidentiary hearing on the petition, the trial judge asked the parties to brief the following issue: "At what point does the parental discipline of a minor child cross over into conduct that constitutes child abuse?" After reviewing the trial briefs, the juvenile court attempted to reconcile the broad definition of an abused child found in the Juvenile Court Act with the right of a parent to inflict corporal punishment. The juvenile court analyzed a number of "abuse-related" statutes[2] and termination *850 of parental rights cases and then apparently adopted legal standards therefrom, effectively narrowing the definition of an abused child found in section 78-3a-103(1)(a)(i). In doing so, the juvenile court made the following ruling:

There really can be no fixed standard for when parental discipline becomes abuse since all children, parents, and circumstances are different. In this case there is no clear and convincing evidence of abuse, but rather clear and convincing evidence of frustration of parents and children trying to deal with each other in heated situations.

In its conclusion, the juvenile court stated, "[t]he State has failed to meet its burden of proving abuse or neglect of the child by clear and convincing evidence."[3] The State now challenges that legal conclusion on the ground that it was based upon a legal definition of abuse not found in section 78-3a-103(1)(a)(i). S.S.P. urges us to approve the definition apparently relied upon by the juvenile court and adopt criteria for determining when corporal punishment of a minor becomes abuse within the scope of section 78-3a-103(1)(a)(i), including the following:

1) the need for the application of corporal punishment; 2) the relationship between the need and the amount of punishment administered; 3) the extent of injury inflicted; and 4) whether the punishment was administered in a good faith effort to maintain discipline or maliciously and sadistically for the very purpose of causing harm.

Wise v. Pea Ridge Sch. Dist., 855 F.2d 560, 564 (8th Cir.1988).

ISSUE AND STANDARD OF REVIEW

¶ 4 The issue before this court is whether the juvenile court properly applied the appropriate definition of an abused child in making its determination that L.P. is not an abused child. This is a question of law that we review under a "correction of error" standard. See State v. Harmon, 910 P.2d 1196, 1199 (Utah 1995). "Although we review [this question] for correctness, we may still grant a trial court discretion in its application of the law to a given fact situation." Jeffs v. Stubbs, 970 P.2d 1234, 1244 (Utah 1998).

ANALYSIS

¶ 5 Under the Juvenile Court Act, an abused child "includes a minor less than 18 years of age who has suffered or been threatened with nonaccidental physical or mental harm." Utah Code Ann. § 78-3a-103(1)(a)(i) (Supp.1998); accord State in re K.T.S., 925 P.2d 603, 604 (Utah Ct.App.1996). We interpret and apply the terms in section 78-3a-103(1)(a)(i) "according to their commonly accepted meaning unless the ordinary meaning of the term results in an application that is either `unreasonably confused, inoperable,... or in blatant contradiction of the express purpose of the statute.'" State v. Souza, 846 P.2d 1313, 1317 (Utah Ct.App.1993) (quoting Morton Int'l, Inc. v. Auditing Div. of the Utah State Tax Comm'n, 814 P.2d 581, 590 (Utah 1991)). Because section 78-3a-103(1)(a)(i) is unambiguous, we will not look beyond its plain language to ascertain legislative intent. See DeLand v. Uintah County, 945 P.2d 172, 174 (Utah Ct.App.1997) (citations and quotation marks omitted), cert. denied, 961 P.2d 326 (Utah 1998). Instead, "[w]e merely assume the Legislature carefully and advisedly chose the statute's words and phrases." Id.

¶ 6 The statutes referred to in footnote two, above, and relied upon by the juvenile court, although creating apparently conflicting definitions of what "punishment" of a minor child is permissible, are nevertheless impertinent to this case. It is incumbent upon the juvenile court to apply the proper definition from the appropriate statute. Although the sections referenced in footnote two indicate that physical punishment of a minor child may be exempt from criminal *851 prosecution in certain instances, we are not reviewing a criminal case and therefore criminal statutes are inapplicable. Nor are we reviewing a case involving punishment inflicted upon a minor child by a school official; therefore section 53A-11-802(1) is also inapplicable. Here, we are reviewing a juvenile court proceeding held to determine whether that court may assert jurisdiction over L.P., see Utah Code Ann.

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Bluebook (online)
1999 UT App 157, 981 P.2d 848, 1999 WL 298505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lp-utahctapp-1999.