Bountiful City v. Baize

• Decision Date: 08 April 2021
• Docket Number: No. 20190319,20190319
• Citation: 487 P.3d 71
• Parties: BOUNTIFUL CITY, Respondent, v. Nathan David BAIZE, Petitioner.
• Court: Utah Supreme Court

487 P.3d 71

BOUNTIFUL CITY, Respondent,

v.Nathan David BAIZE, Petitioner.

No. 20190319

Supreme Court of Utah.

Heard September 11, 2020

Filed April 8, 2021

Yvette Donosso, Bountiful, for respondent

Scott L. Wiggins, Salt Lake City, for petitioner

Justice Pearce authored the opinion of the Court, in which Chief Justice Durrant, Associate Chief Justice Lee, Justice Himonas, and Justice Petersen joined.

On Certiorari to the Utah Court of Appeals

Justice Pearce, opinion of the Court:

INTRODUCTION

¶1 After hours of unsuccessful attempts to calm his four-year-old who was throwing a series of temper tantrums, Nathan Baize spanked his son three times. During the tantrums, Baize's son kicked Baize and hit him in the face. The child also kicked and punched his grandmother. Baize later told a police detective that he spanked his son as a "last resort." Evidence at trial showed that Baize struck his son with enough force to leave bruises in the shape of a handprint on the child's bottom that were visible two days later.

¶2 Bountiful City charged Baize with child abuse under Utah Code section 76-5-109(3)(c). That provision makes it a class C misdemeanor to "inflict[ ] upon a child physical injury" with "criminal negligence." The district court convicted Baize after a bench trial.

¶3 Baize appealed and argued before the court of appeals that the district court had misconstrued and misapplied the law. Specifically, Baize argued that the district court had failed to properly consider whether Baize's discipline could be considered "reasonable discipline" by a parent—conduct which is exempted from the statute's reach under certain circumstances. Bountiful City v. Baize , 2019 UT App 24, ¶¶ 17–21, 438 P.3d 1041 ; see also UTAH CODE § 76-5-109(8). Baize alternatively argued that his trial counsel rendered ineffective assistance of counsel by failing to raise the "reasonable discipline" defense. Baize , 2019 UT App 24, ¶ 16, 438 P.3d 1041. The court of appeals rejected both of Baize's arguments and affirmed Baize's conviction. Id. ¶¶ 30–31.

¶4 Baize petitioned for certiorari. Before us, Baize contends the court of appeals erred by misconstruing and misapplying the law in a way that "essentially establishes a rule that any spanking by a parent that leaves a bruise" on the child constitutes "child abuse under the Statute."

¶5 We disagree with Baize about what the court of appeals held. The court of appeals correctly recognized that although a parent "may be convicted of child abuse when he causes physical injury to a child, including bruising," the statute also provides parents with a defense if the injury was not "serious" and "the conduct in question constituted reasonable discipline." Baize, 2019 UT App 24, ¶¶ 20–21, 438 P.3d 1041 ; see also UTAH CODE § 76-5-109(3), (8) ; id. § 76-2-401.

¶6 Even though we endorse the court of appeals’ construction of the statute, we conclude the court of appeals erred in determining it was "clear from the record" that the district court applied and correctly analyzed the statute's "reasonable discipline" provision. Baize , 2019 UT App 24, ¶¶ 22–23, 438 P.3d 1041. We do not see the same clarity that the court of appeals did. We therefore vacate Baize's conviction and remand to the district court to enter findings about whether the discipline that Baize meted upon his son was "reasonable discipline."

BACKGROUNDFacts¹

¶7 Baize had his four-year-old son (Son) for weekend parent-time. See Bountiful City v. Baize , 2019 UT App 24, ¶ 2, 438 P.3d 1041. Son acted up and threw multiple temper tantrums. Id. ¶¶ 3–4. Son's mother (Mother) testified that Baize had emailed her and that the emails indicated Son had been "yelling and screaming." See id. ¶ 3. Son "was saying terrible things, he was going to hurt people. He was mad. He wanted to go home. He was upset. Completely distraught." Id. ¶ 3. A Bountiful City Police Department detective (Detective) similarly testified that, based on his interview with Baize, Son was "out of control," "throwing temper tantrums, using foul language, [and] saying that he wanted [Baize] dead...."

¶8 One of Son's tantrums occurred in a grocery store parking lot. According to Detective, when Baize came out of the store, Baize found Son "kicking and punching his grandmother," who was with Son in a parked car. Son also repeatedly "jump[ed] up and down, ‘slamming his rear end on the bottom of the car seat.’ " Id. (quoting Detective). The tantrum continued for approximately an hour until Son calmed down enough that Baize could strap the child into his car seat. Id .

¶9 But the reprieve from Son's tantrums proved temporary. Once they returned home, Son resumed fighting with Baize. Id. ¶ 5. Baize told Detective that he tried various disciplinary interventions. This included talking to Son, putting him in a corner, and "everything but physical force." Finally, "the only thing ... [Baize] thought would help would [be to] spank [Son]." Baize then put Son "over his knee and warned him that he was going to be spanked unless he calmed down." Baize , 2019 UT App 24, ¶ 5, 438 P.3d 1041. Son "continued to swear and tell Baize that he hated him." Id. Baize then spanked Son on his bottom. Son continued his tantrum. Baize warned Son again. And then he spanked Son a second and third time. Id. Baize told Detective the spanking was a "last resort." Id.

¶10 The morning after the incident, Baize called Mother and asked that she pick up Son hours earlier than planned. Id. ¶ 6. That evening, Mother noticed bruising on Son's bottom. Id. Son told Mother what had happened. Id. Mother then called the Division of Child and Family Services (DCFS). Id.

¶11 The following day (two days after the incident), a DCFS investigator came to see Mother and advised her to call the police. Id. ¶ 8. She did. That same day, Mother took photographs of the bruising. Id. ¶ 7.

¶12 Thereafter, Detective arranged for Son to be interviewed at the Children's Justice Center. Id. ¶ 8. After seeing Mother's photographs and hearing Son's interview, Detective interviewed Baize. Id.

District Court Arguments and Conviction

¶13 Bountiful City charged Baize with a class C criminal misdemeanor of child abuse under Utah Code section 76-5-109(3)(c)² for "inflict[ing] upon a child physical injury"³ with "criminal negligence."⁴ Id. ¶ 10. Baize pled not guilty and requested a bench trial. Id.

¶14 Mother testified that she saw "bruising, fingerprints ... lines on [Son's] bottom, bruising ... [and] little spots on his bottom that are bruised." Id. ¶ 7. Mother's photograph of the bruising was introduced into evidence without objection. Mother testified that the images accurately portrayed Son's bruising. Id.

¶15 Detective similarly testified that the photograph depicted bruising in the shape of "a finger or a handprint," as well as other bruising and redness consistent with diaper rash. Id. ¶ 9. Detective presumed that Son "slamming his butt up and down into the car seat" was the cause of the additional bruising. Detective testified that he was unaware of any reports that Son required medical attention for the redness and bruising. Baize , 2019 UT App 24, ¶ 9, 438 P.3d 1041. Mother confirmed that Son required no medical attention.

¶16 Baize's trial counsel argued that spanking Son "was not a gross deviation from the standard of care based on [the] facts [and] specific evidence that [was introduced]."⁵ Id. ¶ 12 (second and third alteration in original). He also argued that Baize "did not take an unjustifiable risk to cause bruising." Id. Baize's counsel emphasized the circumstances leading up to the incident, including that Son "kicked and punched" his grandmother, caused bruising to himself by jumping up and down in his car seat, and engaged in "[t]hreatening behavior, hitting, yelling." The spanking, counsel explained, was the only tool Baize had left "as a parent" after exhausting other options. Baize , 2019 UT App 24, ¶ 12, 438 P.3d 1041. Moreover, it was done in a "controlled manner," was "not done out of anger," was designed "to help the child calm down and get under control," and stopped when Baize "thought that was enough." Id.

¶17 Baize's trial counsel never expressly argued that Baize's spanking was "reasonable discipline." Nor did he expressly argue it fit into any other defense or justification in Utah Code section 76-5-109(8)⁶ or 76-2-401.⁷ Instead, Baize's trial counsel argued that the spanking, under the circumstances, "was not a gross deviation from the standard of care" and was not "an unjustifiable risk." Baize , 2019 UT App 24, ¶ 12, 438 P.3d 1041.

¶18 The City acknowledged that it is not "illegal or wrong" for parents to discipline their children, including by spanking. Id. ¶ 11. Nevertheless, the City repeatedly pushed for a rule that "when you spank a child to the point where there is physical injury ... you come to a Class C misdemeanor child abuse." Id. The law "clearly states," the City asserted, that it "is a violation when you leave physical injury [and] that's always going to be a gross deviation. Parents aren't supposed to leave physical injury on their children."

¶19 The City reasoned that "any parent," including Baize, "should be aware that there may be bruising, that they may injure a child. They are putting their hands on a child. It's obvious to all of us that there's a risk that they may injure the child if they spank the child too hard." The City explained that Baize could have remained within the confines of the law "[i]f he was being extra cautious" and "spanked him much more lightly to the point where there was no bruising." The City concluded: "it's a matter of degree.

And this is the lowest degree. It's just stepping over the line of the criminal code instead of parenting."

¶20 The City repeatedly argued that Son's "behavior really doesn't matter in the scheme of things." "It comes down to the fact that while disciplining his child [Baize] left a handprint on [Son], bruised him. ... That's it." Baize , 2019 UT App 24, ¶ 11, 438 P.3d...