Dept. of Human Services v. G.S.M.

“[A] description of the general effect that domestic abuse can have on a child… is insufficient to establish a risk of serious harm that is reasonably likely to occur.”

Father appeals judgment of jurisdiction and asserts five assignments of error based on insufficient evidence to support allegations of Father’s substance abuse, failure to maintain a safe living environment, and failure to protect the child from domestic abuse. “[A] description of the general effect that domestic abuse can have on a child… is insufficient to establish a risk of serious harm that is reasonably likely to occur.” The Court reasoned that while the record did contain evidence that law enforcement had responded to multiple calls of domestic disturbance at the home, it was not clear from the evidence whether the child was present for those incidents or was involved. The record was also not clear about the circumstances of those calls and the details of the incidents. The Court further reasoned that the only direct evidence of the effect of domestic abuse on the child is the generalized testimony from the caseworker, and Father’s statements that the child is scared when Mother is emotionally escalated. The Court held there was insufficient evidence in the record to support the domestic abuse allegations as a basis for jurisdiction. Reversed and remanded with instructions to enter jurisdictional judgment omitting allegations 4C and 4G in the amended petition as basis for jurisdiction, otherwise affirmed.