M. O. Mcc. v. Department Health and Rehabilitative Services

The appellant, M.O. McC., is the stepmother of the child, P. McC., whom she is alleged to have abused by excessive corporal punishment. She seeks review of an order entered by the appellee, Department of Health and Rehabilitative Services, which denied her request to expunge her name from the child abuse registry. We reverse because we find there was not competent, substantial evidence to support the hearing officer's conclusion that there was excessive corporal punishment. Corporal punishment must be excessive and produce injury to be considered child abuse under section 415.503, Florida Statutes (Supp. 1988). P. suffers from emotional problems stemming from severe neglect, inconsistent discipline and an unnurturing early childhood environment while he was in the custody of his natural mother. These severe emotional problems were diagnosed after P., then aged seven, came to live with his natural father and his wife, the appellant. P.'s father sought professional advice and treatment for P. within the context of the present family unit. This family therapy had continued for several years and had resulted in substantial improvement in P.'s emotional condition at the time of the alleged abuse. The family and their therapist grounded the treatment program on a very structured environment for P. which provided that certain behaviors would not be tolerated and would result in certain punishment and that acceptable behavior would result in certain coveted rewards. Under this structured plan devised with the assistance of the licensed family therapist, direct disobedience to parents or teachers is considered a severe infraction which will result in a paddling. Based on their experience with P., both parents testified that paddling was the only effective form of discipline for P. when he crossed such a line of clearly unacceptable behavior.