The People Ex Rel. C.F.

708 N.W.2d 313 (2005)

Facts

C.F. is the eldest of three daughters born to Mother. Mother is married to Stepfather, the biological father of the youngest daughter. C.F. was ten years old. The Department of Social Services (Department) received a referral from the children's school that there were bruises on C.F.'s younger sister (Sister). Sister and C.F. told a Department social worker that Sister had gotten a 'whooping' from Stepfather for bad grades and unfinished homework. The children described a 'whooping' as more serious than a spanking or a beating, and that it was administered with a belt. The children described that they were required to put their hands on the bed during a 'whooping' so they would remain in one spot, and then they would receive the 'whooping' on their buttocks. Sister had moved during the current incident and was struck on the back of her upper thigh with the belt, which left a six-inch bruise. Mother and stepfather were required to attend parenting classes and agree to limitations on their conduct with the children. C.F. stole a music CD from a local K-Mart. C.F. lied about stealing the CD. Mother disciplined C.F. by making her return the CD to the store manager and placing her on two weeks restriction, or grounding. After the two weeks, C.F.'s original grounding was extended when she failed to come home before dark. During the time of the grounding, Mother discovered candy wrappers, and popsicle sticks and wrappers under C.F.'s bed and on the floor of a closet in her room. When confronted by Mother about breaking the rules, C.F. denied it. C.F.'s grounding was extended for several weeks as a result. During the last week of July, Mother discovered green marker scribbles on the carpet and walls of C.F.'s room. Mother and Stepfather asked C.F. to clean the marks and provided C.F. with a cleaning solution in a spray bottle and rag to scrub the carpet. Eventually, C.F. was spanked with a belt. Mother stopped after roughly six strikes. C.F. left the home and ran to the Department's offices in Huron. There were no marks or bruises from the spanking. C.F. was removed from the home. An examination by a physician the following day showed no bruising was detected. The State filed an abuse and neglect petition alleging Mother abused and neglected C.F. The trial court found C.F. to be abused and neglected. The trial court held that Mother's act of striking C.F. six times with a belt for the above-mentioned misbehavior was not reasonable in manner and moderate in degree. Mother appealed.