In re Paternity of H.R.M.

• Decision Date: 20 April 2007
• Docket Number: No. 16A04-0610-JV-569.,16A04-0610-JV-569.
• Citation: 864 N.E.2d 442
• Parties: In re the PATERNITY OF H.R.M. Steven Gaddie, Appellant-Plaintiff, v. Rachel Manlief, Appellee-Defendant.
• Court: Indiana Appellate Court

864 N.E.2d 442

In re the PATERNITY OF H.R.M. Steven Gaddie, Appellant-Plaintiff, v. Rachel Manlief, Appellee-Defendant.

No. 16A04-0610-JV-569.

Court of Appeals of Indiana.

April 20, 2007.

David M. Hooper, Thomasson & Thomasson & Jackson, P.C., Columbus, IN, Attorney for Appellant.

J. Michael Kummerer, Columbus, IN, Attorney for Appellee.

OPINION

ROBB, Judge.

Case Summary and Issues

Steven R. Gaddie appeals the trial court's order granting Rachel D. Manlief's motion to modify visitation. Gaddie raises two issues, which we restate as whether the trial court abused its discretion in allowing a clinical social worker to testify regarding statements made to her by a child during interviews, and whether the trial court abused its discretion in admitting a "Family Support Specialist's" notes of home visitations. Concluding that the social worker's testimony and the family specialist's notes both constitute hearsay, and that neither falls within an exception to the rule against the admission of hearsay, we reverse and remand with instructions that the trial court conduct another hearing.

Facts and Procedural History

Gaddie and Manlief are the parents of H.R.M., who was born in February 2001. Gaddie's paternity was established pursuant to an August 27, 2001, Order, in which Gaddie was allowed "reasonable visitation . . . to be agreed upon between the parties." Appellant's Appendix at 357. Gaddie and Manlief have had some trouble agreeing upon this visitation, as both parties have previously filed motions to modify visitation, and Gaddie has filed multiple applications requesting that the court find Manlief in contempt for violating his visitation rights. Manlief filed the instant motion to modify visitation on May 3, 2006. The basis for this motion was Manlief's assertion that Gaddie had sexually abused H.R.M. In response to Manlief's motion, Gaddie filed another application requesting the trial court find Manlief in contempt and order her to execute a jail sentence. The trial court held a hearing on this matter in July 2006.

At this hearing, Manlief, Gaddie, and Lola Smith Gaddie, Gaddie's current wife, testified. Significant portions of this testimony dealt with Manlief's claim that Lola was not present during much of Gaddie's visitation time with H.R.M. Manlief supported this allegation with a videotape she had made of Lola and Gaddie's vehicles on a Wednesday night. Manlief also made much of some aluminum window insulation that Gaddie uses on his home.¹ Manlief claims that Gaddie uses this insulation so that people cannot see him molesting H.R.M. Gaddie claims that he uses this material to block out light, because he works second shift, and to reduce his energy bill.

Laurie Fowler, a self-employed social worker, testified over Gaddie's objection as to what H.R.M. had told her during interviews, which had taken place on July 3, 10, and 17, 2006, within a month of the hearing. Fowler testified that H.R.M. described several episodes of sexual abuse and exposure to sexually explicit material occurring at Gaddie's home.

Manlief also introduced over Gaddie's objection documents containing notes made by Anita Martin, a Family Support Specialist at Healthy Families of Bartholomew County, during visits Martin had made to Manlief's home. These documents contain Martin's observations of H.R.M.'s behavior during her visits, and her relation of a conversation in which both Manlief and H.R.M. indicated that Gaddie engaged in inappropriate sexual conduct during his visits with H.R.M. Along with these documents, Manlief submitted an "Affidavit of Business Records Custodian" signed by Martin.

On September 7, 2006, the trial court issued an Order denying Gaddie's application, and granting Manlief's motion. The trial court ordered that Gaddie's visitation with H.R.M. should now be supervised, and that Gaddie should pay the costs associated with such supervision. Gaddie now appeals.

Discussion and Decision

I. Standard of Review

We review a trial court's admission of evidence for an abuse of discretion. Leisure v. Wheeler, 828 N.E.2d 409, 417 (Ind. Ct.App.2005). We will conclude that a trial court abused its discretion when its decision is clearly erroneous, or against the logic and effect of the facts and circumstances before the court. Id. The fact that evidence was erroneously admitted does not automatically require reversal, and we will reverse only if we conclude the admission affected a party's substantial rights. In re W.B., 772 N.E.2d 522, 533 (Ind.Ct.App.2002); Ind. Evid. Rule 103(a).

II. Statements Made for the Purposes of Medical Diagnosis or Treatment

Under Indiana Evidence Rule 803(4), otherwise inadmissible hearsay may be admitted if it consists of statements made for the purposes of medical treatment.² The basis for this rule is the assumption that people seeking medical treatment have a strong incentive to tell the truth, and that therefore such statements are reliable. See McClain v. State, 675 N.E.2d 329, 331 (Ind.1996). This rule encompasses statements made to non-physicians so long as the declarant makes the statements to advance a medical diagnosis or treatment. Id. ("`Under the exception the statement need not have been made to a physician. Statements made to hospital attendants, ambulance drivers or even family members might be included.'" (quoting Fed. Rule Evid. 803(4) Advisory Committee Note)). Our supreme court has specifically held that statements made to family therapists may be admitted pursuant to this rule, assuming a proper showing of reliability. Id. As Fowler is a clinical social worker specializing in working with abused children, we conclude that statements made to her fall within the scope of Indiana Evidence Rule 803(4).

In determining whether a statement is admissible pursuant to this rule, courts engage in a two part test: "1) is the declarant motivated to provide truthful information in order to promote diagnosis and treatment; and 2) is the content of the statement such that an expert in the field would reasonably rely on it in rendering diagnosis or treatment." Id.

Gaddie makes no argument that the statements made by H.R.M. fail the second prong of this test, and instead argues that the statements fail the first prong because no evidence was introduced indicating that H.R.M. was motivated to provide truthful information. Under this first prong, "the declarant must subjectively believe that he was making the statement for the purpose of receiving medical diagnosis or treatment." Id. Although sometimes this subjective belief may be readily inferred from the circumstances, "[w]here that inference is not obvious, as in this case involving a young child brought to treatment by someone else, there must be evidence that the declarant understood the professional's role in order to trigger the motivation to provide truthful information." Id.

In McClain, the child had testified that the therapist was his "counselor," and that he talked to this counselor about what the abuser did to him. Our supreme court found a lack of evidence indicating that the child either sought the therapist's help or understood that he was receiving medical treatment. Id. Therefore, the therapist's testimony did not fall within the medical diagnosis exception to hearsay, and was inadmissible. Id.

Similarly, in W.B., 772 N.E.2d at 533, we found a lack of evidence indicating that children were motivated to provide truthful information to their therapist. Instead, we concluded the evidence indicated that the children were unaware of their therapist's professional purpose, and that therefore, the therapist's testimony regarding the children's statements was inadmissible. Id.

On the other hand, in Cooper v. State, 714 N.E.2d 689 (Ind.Ct.App.1999), trans. denied, we concluded that a nurse's testimony regarding statements made to her by a child in the emergency room was admissible. In Cooper, the nurse testified at length as to her interaction with the child, indicating that she repeatedly told the child she was in a hospital and explained the purpose of the examination and interview. Id. at 692-93. We concluded that this testimony indicated the child knew she was in the emergency room to discuss and be treated for sexual abuse, and that she understood the role of the nurse in this treatment. Id. at 693. Therefore, the first prong of the test was met, and the nurse's testimony was admissible under the medical diagnosis exception to hearsay. Id.

In this case, the record contains no indication that H.R.M. had the requisite motivation to tell the truth, as no evidence indicates that she knew Fowler's role or that she was being interviewed for the purpose of medical diagnosis. Although Fowler testified that the purpose of the interviews was "to assist with [H.R.M.] in working with the issues and preparing an individualized treatment plan to assist her with what has happened," the record is devoid of evidence that H.R.M. knew that she was there for this purpose. Like in McClain and W.B., H.R.M. is a child whom a third party brought to treatment. Unlike in Cooper, however, Fowler's testimony did not indicate that she explained to H.R.M. the purpose of the interview, or that H.R.M. knew she was at the interview to facilitate medical diagnosis and treatment. Part of Fowler's testimony actually supports a conclusion that H.R.M. was not aware of the nature of the interview. In response to a question as to whether it is uncommon for a child to come up to her and volunteer information in the waiting room, Fowler testified, "It's not uncommon. They don't know that you have to wait to go to the office where there's privacy and confidentiality to make statements." Tr. at 124.

We note that Fowler's testimony related not only that H.R.M. told her about the sexual abuse and exposure to explicit material, but also the identity of the perpetrator. We wish to point out that identity is rarely admissible under the medical...