State of Tennessee Department of Children's Services v. Eddie Davis

A nine-year-old child, whose initials are C.M. (“the Child”), told her mother, whose initials are also C.M. (“Mother”), that Eddie Davis had touched her inappropriately. The disclosure was made shortly after the Child had reviewed a comic book that is designed to help children recognize and disclose child sexual abuse. Davis is the executive director of the Youth Emergency Shelter (“Y.E.S.”) in Hamblen County. The Department of Children’s Services (“DCS”), a state agency, initiated an investigation and “indicated” Davis as a perpetrator of child sexual abuse. Davis requested an administrative hearing. The administrative law judge (“the ALJ”) found that the Child’s statements to Mother and later to a forensic interviewer were credible because they were “consistent” in that she told both a story of Davis putting his hand on her buttocks inside her panties. Davis appealed the ALJ’s finding to the trial court. The trial court sustained the findings of the ALJ. Davis appealed to this Court. Because there is no substantial and material evidence to support the findings of the ALJ, we reverse.