(Download) "State v. T.M.B." by Minnesota Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State v. T.M.B.
- Author : Minnesota Court of Appeals
- Release Date : January 23, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
In 2005, S.F. disciplined his 12-year-old son, G.F., by paddling G.F. on the back of the upper thighs with moderate force a total of about 36 times. After a hearing on stipulated facts and limited witness testimony, the district court adjudicated G.F. and his younger brother, C.F., to be in need of protection or services (CHIPS) under Minn. Stat. § 260C.007, subd. 6(2) (2006). The boys‟ parents, S.F. and N.F., appealed. The court of appeals reversed the district court. Relying on the definition of "malicious prosecution of a child" under Minn. Stat. § 609.377, subd. 1 (2006), one of the crimes constituting "child abuse" under Minn. Stat. § 260C.007, subd. 5 (2006), the court held that "physical abuse" under section 260C.007, subdivision 6(2), "requires unreasonable force or cruel discipline that is excessive under the circumstances." In re Welfare of Children of N.F. & S.F., 735 N.W.2d 735, 738 (Minn. App. 2007). The court further held that, considering such circumstances as G.F.‟s age and weight, the force used was not unreasonable and the paddling was not cruel or excessive discipline. We granted review and now affirm the court of appeals as to its reversal of the CHIPS adjudication of G.F. and his brother C.F., but reverse the court of appeals as to its definition of "physical abuse."
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