This section contains the nature of the case and procedural background.

D is a physician and the mother of four children. She observed her seven-year-old son throwing food at the dinner table. When she commanded her son to stop, he refused to listen. He was then taken to the bedroom and spanked six times with an imitation leather belt. An anonymous phone call was received that D has struck her child. The matter was put under investigation, and several bruises were noticed on the child's lower back. The child admitted being hit by his mother and was placed in protective supervision. The child was examined and found to have bruises but the medical doctor told the social worker that he would have never thought that the child had been abused and would not under any circumstances have filed a report of abuse. Eventually, the matter proceeded to trial and D was found to have physically injured her child and her son was an abused child. This was taken up on de novo review. The de novo review was done a surprise Dr. witness was called to the stand who contradicted the first Dr's testimony that the child was not abused but the first Drs. testimony was never entered at trial. The de novo review affirmed the finding that the child was abused. This appeal resulted.

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