Sandy K. Davis v. Missouri Division Family

On April 28, 1993, the Missouri Division of Family Services Child Abuse and Neglect Registry received a report that S.F., a twenty-two month old female child, had been physically abused. The report was made after S.F. was hospitalized for an apparent seizure suffered at the home of her babysitter, Sandy Davis. Doctors determined that the seizure was caused by a subdural hematoma S.F. sustained. The Division of Family Services (Division) conducted an investigation pursuant to §§ 210.110-210.165 RSMo 1994 and determined there was reason to suspect that S.F. had been physically abused by Ms. Davis. The Division sent a letter to Ms. Davis notifying her of its determination. When a determination of probable cause to suspect child abuse is made, a report of such is filed with the division and, subject to rules of confidentiality, is made available to various agencies and others enumerated in § 210.150 RSMo Supp. 1993. It is this determination that is the subject of this appeal. Ms. Davis filed a petition for judicial review with the Circuit Court of Clay County pursuant to § 210.152.3. A hearing was held and on October 19, 1994, the circuit court entered an order setting aside the Division's determination, finding it was not supported by competent and substantial evidence. The subject of the appeal to the circuit court and to this court is the division's determination and recordation of probable cause to suspect child abuse. 1 On appeal, the Division contends the court erred in setting aside the Division's determination that there was reason to suspect that Ms. Davis had physically abused S.F. The Division claims the trial court's findings and judgment were not supported by substantial evidence and were against the weight of the evidence. The judgment of the trial court will be sustained unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or misapplies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).