Spanking
Menstuff® has information on
Spanking. For the record up front, we do not support the
spanking of children.
The Bible Says
Meaning: Spare the rod and spoil
the child
The origin of "Spare the rod and
spoil the child" explained
It's Legal to Hit Your
Kids
Children who are spanked have lower IQs,
new research finds
Spanking Can Be Sexual
Abuse
States that Permit Spanking in
School
See Who Supports Spanking - That
should tell you a lot
Pope says it's OK to spank kids, if
their dignity is kept
Dads' Postpartum Depression Ups Odds
of Spankings
To Spank or Not to Spank? (Fact
sheet from the Rocky Mountain Family Council)
Resources: 20 Page Booklet (pdf): Plain
Talk About Spanking
,
Books
& Training Materials
,
and Links
"Spare the rod, spoil the child " Just don't leave
this kind of noticable evidence.
Notice: Only boys butts. Hum.
Source: nospank.net/injuredkids.pdf
The Bible Says
As the Bible tells us: "He who spareth the rod hateth his
son: but he that loveth him correcteth him betimes"
(Proverbs 13:24) and "Withhold not correction from a child:
for if thou strike him with the rod, he shall not die. Thou
shalt beat him with the rod, and deliver his soul from
hell." (Proverbs 23:13-14) But that doesn't mean it's
right.
Meaning: Spare the rod and spoil
the child
The notion that children will only flourish if chastised,
physically or otherwise, for any wrongdoing.
Origin
This phrase has quite a long genesis. The coiner of the
version that we use in everyday speech was Samuel Butler, in
Hudibras, the satirical poem on the factions involved in the
English Civil War, which was first published in 1662:
Love is a Boy,
by Poets styl'd,
Then Spare the Rod,
and spill the Child.
[by 'spill', Butler did mean spoil - that was an
alternative spelling at the time]
The words were Butler's, but the notion is much older.
John Skelton's Magnyfycence, a goodly interlude and a mery,
circa 1520, includes this:
"There is nothynge that more dyspleaseth God Than from
theyr chyldren to spare the rod Of correccyon."
The same thought occurs in the Bible and is first listed
in John Coverdale's 1535 translation, in Proverbs:
"He that spareth the rodde, hateth his sonne."
The same thought is again found in an even older text,
Aelfric's Homilies, circa 1000:
"Se ye sparas his gyrde, he hatas his cild."
[gyrde is girdle, i.e. belt]
Aelfric's language is removed somewhat from the phrase as
we now know it, but there's little doubt that what he was
saying was 'spare the rod and spoil the child'.
Source: www.phrases.org.uk/meanings/328950.html
The origin
of "Spare the rod and spoil the child" explained - Another
Perspective
Today's debate over spanking as discipline or punishment
rages as never before. Proponents of spanking quote the
adage, "Spare the rod and spoil the child," as though it
were actually scripture from the Bible. In truth, it is
not.
The adage is an adaptation from six verses from King
Solomon's book of Proverbs:
He that spareth his rod hateth his son: but he that
loveth him chasteneth him betimes. (Proverbs 13:24)
Chasten thy son while there is hope, and let not thy soul
spare for his crying. (Proverbs 19:18)
Both of these verses appear in the Contrast of Goodness
and Evil. From the Warnings and Instructions come the
following four verses:
Foolishness is bound in the heart of a child; but the rod
of correction shall drive it far from him. (Proverbs
22:15)
Withhold not correction from the child: for if thou
beatest him with the rod, he shall not die. (Proverbs
23:13)
15 The rod and reproof give wisdom: but a child left to
himself bringeth his mother to shame. 17 Correct thy son,
and he shall give thee rest; yea, he shall give delight unto
thy soul. (Proverbs 29:15, 17)
You will not find in the Bible the exact words of the
"proverb" you hear today. Instead, you will hear King
Solomon's contrast of good and evil and his warnings and
instructions. Consider the message of the verses.
In 13.24 you find that if you do not discipline your
child, you hate him. If you love him, you discipline him
when necessary. *Note that the word for "rod" here is the
same word as "frond", meaning then a palm branch, not the
iron rod with which the kings ordered prisoners flogged.
In 19.18 you find that you should chastise your child
early while he is still impressionable (good). (Evil) You
should not fail (spare) to chastise your child because he
cries or is remorseful.
In 22.15 you find that a child is not born with a moral
compass or the knowledge to know his actions are folly.
Discipline will teach him.
In 23.13 you find that if you discipline your child to
teach him values and morals, he will not fall into iniquity
(evil) and die (eternal damnation).
In 29.15 you find that discipline and knowledge (reproof)
will keep your child from bringing shame upon the family. In
17, you find if you discipline your child, he will behave
always and be a child with whom you can be happy.
In no way, shape or form does Solomon profess abusing a
child, but instead, shows that failure of the parent to
discipline the child and teach the child to follow the law
will be the downfall of the child and parent alike. Solomon
does not profess that the use of the "rod" is enough. He
states that the reproof is necessary to teach the child.
Finally, Solomon assures parents that if they will raise
their children to be lawful members of the society, they
will bring great joy.
Many parents who use either these Scriptures or the adage
in the discipline of their children find out that Solomon
was onto something. When you begin the discipline with the
physical, which the child can understand, you will get to a
point where the reproof is all you need. Know that in
absence of understanding of speech, pain is the receptor
implanted in the human body to warn of ill action.
Finding of remorse or fear of retribution is inadequate
as discipline. Children will cry in the face of consequences
to actions. This should not deter the parent from
discipline.
Regardless of religious pursuit, parents are the ones
with the responsibility to discipline their children.
Parents are also warned that if they fail their children,
those children will bring shame upon them. This fact is
bared in today's society, as it was in the past. Parents are
given options on how to discipline their children.
Ultimately, the parents must make the choice.
Source: www.helium.com/items/274817-spare-the-rod-and-spoil-the-child-explained
It's Legal to Hit Your Kids
State by State United States statutes as they
pertaining to spanking and child abuse. Between the years
1998-2023, 4801 children died nationwide, while living in
foster care. (Adoption and Foster Care Analysis and
Reporting System (AFCARS)) Warning: The existence of these
laws should not be considered to be a defense for actually
spanking a child in any state in the United States. Family
courts have been known to ignore the law. Exercising your
rights may be costly and time consuming and you could still
lose your case, even though you are in the right.
Butt Whoopin'! Teacher Grounds & Pounds
Student 4:33 (removed)
Alabama [The Code of Alabama 1975]
§ 13A-3-24. [Criminal Code]
Parent/guardian/person responsible for care and supervision
of a minor/teacher or other person responsible for care and
supervision of a minor for a special purpose may use
reasonable and appropriate physical force when and to the
extent he reasonably believes it necessary and appropriate
to maintain discipline or promote welfare of the child.
[See also: Endangering welfare of child. Section
13A-13-6]
Alaska [Alaska Statutes]
§ 11.81.430. [Criminal Code] When and to the
extent reasonably necessary and appropriate to promote the
welfare of the child or incompetent person, a parent,
guardian, or other person entrusted with the care and
supervision of a child under 18 years of age or an
incompetent person may use reasonable and appropriate non
deadly force upon that child or incompetent person.
Arizona [Arizona Revised Statutes]
§ 13-403. [Criminal Code] A parent or
guardian and a teacher or other person entrusted with the
care and supervision of a minor or incompetent person may
use reasonable and appropriate physical force upon the minor
or incompetent person when and to the extent reasonably
necessary and appropriate to maintain discipline.
Arkansas [Arkansas Code Statutes]
§ 9-27-303(B). [Civil Code] Abuse does not
include physical discipline of a child if reasonable and
moderate and inflicted by a parent or guardian for
restraining or correcting a child. Listed as not reasonable
or moderate for correcting or restraining: -- Throwing,
kicking, burning, biting, cutting, striking with a closed
fist, shaking a child under 3, striking or other actions
which result in any non-accidental injury to a child less
than 18 months, interfering with a child's breathing,
threatening a child with a deadly weapon, striking a child
on the face, or any other act that is likely to cause bodily
harm greater than transient pain or minor temporary marks.
[Statute says this is an illustrative and not exclusive
list]. Age, size, condition of the child, and the
location of the injury and frequency or recurrence of
injuries shall be considered in determining "reasonable" or
"moderate."
§ 5-2-605(l). [Criminal Code]
Parent/teacher/guardian/other with care and supervision of a
minor may use reasonable and appropriate physical force when
and to the extent reasonably necessary to maintain
discipline or promote the welfare of the child.
If the belief that the force is necessary is a reckless
or negligent belief, than the above offers no defense to a
crime if the culpability of that crime is proven by showing
recklessness or negligence.
§ 5-2-614. [Criminal Code] Justification is
not available if person recklessly or negligently injured or
created a substantial risk of injury to a person.
California [California Statutes]
Welfare and Institutions Code § 300. [Civil
Code] Law not intended to prohibit the use of reasonable
methods of parental discipline, or to prescribe a particular
method of parenting. Serious physical harm does not include
reasonable and age-appropriate spanking to the buttocks
where there is no evidence of serious physical injury.
Penal Code § 11165.6. [Criminal Code] Abuse
includes unlawful corporal punishment or injury.
Penal Code § 11165.4. [Criminal Code]
"Unlawful corporal punishment or injury" is any person
willfully inflicting upon a child any cruel or inhuman
corporal punishment or injury resulting in a traumatic
condition.
Colorado [Colorado Revised Statutes]
§ 19-1-303(l). [Civil Code] Any
investigation of child abuse shall take into account the
child-rearing practices of the child's culture. Child abuse
and neglect does not include acts which can be reasonably
construed to be a reasonable exercise of parental
discipline.
§ 18-6-401. [Criminal Code] A continued
pattern of conduct which results in cruel punishment or
accumulation of injury which results in death or serious
bodily injury is child abuse.
§ 18-1-703. [Criminal Code] Parent/guardian/
person with care and supervision of minor can use reasonable
and appropriate physical force, if it is reasonably
necessary and appropriate to maintain or promote welfare of
child.
Connecticut [General Statutes of
Connecticut]
§ 53-20. [Criminal Code] It is abuse if
having control and custody of a child under sixteen (16) one
cruelly or unlawfully punishes.
§ 53a-18. [Criminal Code]
Parent/guardian/person with care and supervision of a minor
(other than a teacher) may use reasonable physical force,
when and to the extent that he reasonably believes necessary
to maintain discipline or promote welfare of minor.
Delaware [Online Delaware Code]
Criminal § 468. [Criminal Code] Force is
justifiable if reasonable and moderate and by
parent/guardian/foster parent/legal custodian/other similar
person responsible for care and supervision. Force must be:
-- For purpose of safeguarding or promoting welfare of
child, including prevention or punishment of misconduct, and
-- Intended to benefit child. Reasonable and moderate is
determined in light of: size, age, and condition of child,
location, strength, and duration of force. Force is not
justified if it consists of: -- Throwing child, kicking,
burning, cutting, striking with a closed fist, interfering
with breathing, use of or threatened use of deadly weapon,
prolonged deprivation of sustenance or medication, any act
likely to cause or causing physical injury, disfigurement,
mental distress, unnecessary degradation or substantial risk
of serious physical injury or death.
District of Columbia [District of Columbia
Official Code]
§ 6-2101. [Civil Code] Abuse includes
excessive corporal punishment.
§ 16-2301. [Civil Code] Abuse includes when
a parent/guardian/custodian inflicts or fails to make
reasonable efforts to prevent the infliction of physical or
mental injury, including excessive corporal punishment.
Florida [The Florida Statutes]
§ 39.01(2) [Civil Code] "Abuse" means any
willful act or threatened act that results in any physical,
mental, or sexual injury or harm that causes or is likely to
cause the child's physical, mental, or emotional health to
be significantly impaired. Abuse of a child includes acts or
omissions. Corporal discipline of a child by a parent or
legal custodian for disciplinary purposes does not in itself
constitute abuse when it does not result in harm to the
child.
§ 415.503. [Civil Code] "Harm" to a child
occurs when the parent or other person responsible for the
child's welfare inflicts or allows to be inflicted upon the
child physical, mental, or emotional injury. The following
factors must be considered in evaluating any injury: prior
injuries; location; multiplicity; and type of trauma. Such
injury include, but are not limited to willful acts that
produce the following specific injuries: sprains,
dislocations, or cartilage damage; bone or skull fractures;
brain or spinal cord damage; intracranial hemorrhage or
injury to other internal organs; asphyxiation, suffocation,
or drowning; injury resulting from the use of a deadly
weapon; burns or scalding; cuts, lacerations, punctures, or
bites; permanent or temporary disfigurement; or permanent or
temporary loss or impairment of a body part or function.
"Willful" refers to the intent to perform an action, not to
achieve a particular result or an intent to cause an
injury.
Georgia [Georgia Code]
Physical forms of discipline may be used as long as there
is no physical injury to the child. Secs. 19-7-5/19-15-
1/49-5-180. [Civil Code]
§ 16-3-20. [Criminal Code] Parent or person
in loco parentis reasonably disciplining of a minor has a
justification for a criminal prosecution based on that
conduct.
Hawaii [Hawaii Revised Statutes]
§ 703-309. [Criminal Code]
Parent/guardian/person responsible for general care and
supervision of minor/person acting at request of above may
use force if. -- employed with due regard for age and size
of minor and reasonably related to purpose of safeguarding
or promoting welfare of minor, including prevention or
punishment of minor's conduct, and -- not designed to cause
or known to create a risk of causing substantial bodily
injury, disfigurement, extreme pain, mental distress, or
neurological damage.
Idaho [Idaho Statutes]
§ 16-2023. [Civil Code] Abuse includes
physical cruelty in excess of that required for reasonable
disciplinary purposes, inflicted by a parent or other person
in whom legal custody is vested.
Illinois [Illinois Compiled Statutes]
Secs. 325 5/3/ [Civil Code] An "abused child"
includes any child whose parent/immediate family
member/person responsible for the child's welfare/individual
residing in the same house/paramour of child's parent
inflicts excessive corporal punishment.
Indiana [Indiana Revised Code]
§ 31-34-1-15. [Civil Code] Law does not
limit right of parent/guardian/custodian to use reasonable
corporal punishment when disciplining a child.
Iowa [Iowa Code]
§ 726.6. [Criminal Code] Child endangerment
includes using unreasonable force, torture, or cruelty which
results in physical injury, is intended to cause serious
injury, or causes substantial mental or emotional harm.
Kansas [Kansas Statutes]
§ 21-3609. [Criminal Code] Abuse includes
cruel and inhuman corporal punishment.
Kentucky [Kentucky Revised Statutes]
§ 503.110. [Criminal Code]
Parent/guardian/person/teacher with care and supervision of
minor can use force if person believes force necessary for
welfare of child and force is not designed to cause or known
to cause a substantial risk of causing death, serious
physical injury, disfigurement, extreme pain, or extreme
mental distress.
Louisiana [Louisiana Laws]
§ 14:18. [Criminal Code] In determining
abuse the agency should take into account that an injury may
have resulted from what might be considered reasonable
discipline for a child's misbehavior. Children's Code Art.
615(A). [Civil Code] Parent/tutor/teacher reasonably
disciplining a minor has a defense to a criminal prosecution
based on that conduct.
Maine [Maine Revised Statutes]
17-A Part 2, Chapter 23 § 554(1)(B-1) Endangering
the welfare of a child. [Criminal Code] It is a
crime for parent, guardian, or other person with care and
custody of a child to cruelly treat a child by extreme
punishment.
Title 17-A, Chapter 5 § 106 Physical force by
persons with special responsibilities
A parent, foster parent, guardian or other similar person
responsible for the long term general care and welfare of
another person is justified in using a reasonable degree of
force against such other person when and to the extent the
person reasonably believes it necessary to prevent or punish
such other person's misconduct. A person to whom such
parent, foster parent, guardian or other responsible person
has expressly delegated permission to so prevent or punish
misconduct is similarly justified in using a reasonable
degree of force.
Maryland [Maryland: Michie's Legal
Resources]
§ 4-501. [Civil Code] Nothing in this
subtitle shall be construed to prohibit reasonable
punishment, including reasonable corporal punishment, in
light of the age and condition of the child, from being
performed by a parent or stepparent of the child.
Massachusetts [The General Laws of
Massachusetts]
In Massachusetts, there is no specific list of actions
that constitute abuse. Moreover, a parent doesn't have to
injure a child to be reported - as long "as the substantial
risk of harm" is there. "The legislature has balanced
opposing societal viewpoints," says Juliana Rice, an
assistant attorney general representing the commissioner of
the DSS. Recognizing that "what may be harmful for one child
may not be harmful for another," the law does not define
abuse in terms of parental conduct, but rather on the degree
of harm to the child.
Chapter III: Section 72F. Public Health - Hospitals
"Abuse" is defined as, the willful infliction of injury,
unreasonable confinement, intimidation, including verbal or
mental abuse, or punishment with resulting physical harm,
pain or mental anguish or assault and battery; provided,
however, that verbal or mental abuse shall require a knowing
and willful act directed at a specific person.
Michigan [Michigan Legislative Council Chapter
Index]
§ 750.136b.. [Criminal Code] [Michigan:
MCL Chapter Index] Parent/guardian/other person
permitted by law, parent, or guardian can reasonably
discipline a child, including the use of reasonable
force.
Minnesota [Minnesota Statutes]
§ 609.377. [Criminal Code] Parent/legal
guardian/caretaker who intentionally uses unreasonable force
or cruel discipline that is excessive under the
circumstances is guilty of malicious punishment.
§ 609.379. [Criminal Code] Parent/legal
guardian/teacher/caretaker of child or pupil can use
reasonable force to restrain or correct a child or
pupil.
Mississippi [Mississippi Code]
§ 97-5-39(2(m)). [Criminal Code] Physical
discipline (not to include any form of sexual abuse)
performed on a child by a parent, guardian or custodian
shall only be deemed to be abuse under this paragraph when a
licensed physician has determined that physical injury has
occurred.
Missouri [Missouri Revised Statutes]
§ 210.110. [Civil Code] Discipline including
spanking, administered in a reasonable manner, is not
abuse.
§ 563.061. [Criminal Code] Force justified
if by parent/guardian/other person with care and supervision
of minor if- -- Person believes force necessary to promote
welfare of minor, and -- Force used is not designed to cause
or believed to create a substantial risk of causing death,
serious physical injury, disfigurement, extreme pain, or
extreme emotional distress.
Montana [Montana Code]
§ 41-3-102. [Civil Code] "Physical abuse" is
defined as "substantial skin bruising, internal bleeding,
substantial injury to skin, subdural hematoma, intentional
burns, bone fractures, extreme pain, permanent or temporary
disfigurement, impairment of any bodily organ or function,
or death if the injury or death is not accidental."
§ 45-3-107. [Criminal Code] Parent or
authorized agent of parent/guardian/master/teacher is
justified to use force if reasonable and necessary to
restrain or correct child.
Nebraska [Nebraska Revised Statutes]
§ 28-710. [Criminal Code] It is abuse to
knowingly, intentionally, or negligently cause or permit a
child to be cruelly punished.
§ 28-1413. [Criminal Code]
Parent/guardian/person responsible for care and
supervision/person acting at one of the above's request is
justified to use force on a minor if for the purpose of
safeguarding or promoting the welfare of minor, including
prevention or punishment of misconduct, but not designed to
cause or known to create a substantial risk of causing
death, serious bodily harm, disfigurement, extreme pain,
mental distress, or gross degradation.
§ 28-1414. [Criminal Code] If the belief
that the force is necessary is a reckless or negligent
belief, than the above offers no defense to a crime, if the
culpability of that crime is proven by showing recklessness
or negligence. Justification is not available if person
recklessly or negligently injured or created a substantial
risk of injury to a person.
Nevada [Nevada Revised Statutes]
§ 432B.150. [Civil Code] Excessive corporal
punishment may cause physical or mental injuries which
constitute abuse.
§ 128.013. [Civil Code] "Injury" to a child
occurs when a parent/guardian/custodian inflicts or allows
to be inflicted upon a child physical, mental, or emotional
injuries sustained as a result of excessive corporal
punishment.
New Hampshire [New Hampshire Statutes]
§ 627:6. [Criminal Code]
Parent/guardian/person/teacher responsible for general care
and welfare of minor may use force against minor when and to
the extent that he reasonably believes it necessary to
prevent or punish minor's misconduct. No defense available
for malicious or reckless use of force that creates risk of
death, serious bodily injury, or substantial pain.
New Jersey [New Jersey Permanent
Statutes]
§ 9:6-1. [Civil Code] Cruelty to a child
includes inflicting unnecessarily severe corporal punishment
upon a child.
§ 9:6-8.9. [Civil Code] "Abuse" includes a
parent, guardian, or other person with control or custody
inflicting excessive corporal punishment (which must be
excessive to the point that the child's physical, mental, or
emotional condition has been impaired or is in imminent
danger of becoming impaired as a result).
§ 2C:3-8. [Criminal Code] Person with
responsibility for care, supervision, discipline, or safety
of another may use force against them if for the purpose of
and to the extent necessary to further the
responsibility.
§ 2C: 3-9. [Criminal Code] Justification is
not available if the person recklessly or negligently
injures or creates a risk of injury.
New Mexico [New Mexico Statutes]
§32A-1-4(B). [Civil Code] An abused child
includes one who has been cruelly punished by a parent/
guardian/ custodian.
§ 30-6-1. [Criminal Code] Abuse includes
knowingly, intentionally, or negligently permitting or
causing a child to be cruelly punished.
New York [Laws of New York]
Family Court § 1012. [Civil Code] Neglecting
a child includes unreasonably inflicting or allowing the
infliction of harm or substantial risk thereof, including
excessive corporal punishment.
Penal § 35:10. [Criminal Code]
Parent/guardian/other person with care and supervision of
person under 21, can use non-deadly physical force when and
to the extent he reasonably believes necessary to maintain
discipline or promote welfare of person force performed
upon.
North Carolina [North Carolina General
Statutes]
Juvenile § 7B-101(1). [Civil Code] Abuse
includes infliction of a serious physical injury by other
than accidental means; creating a substantial risk of such
injury by other than accidental means; and using cruel or
grossly inappropriate procedures or devices to modify
behavior.
North Carolina does allow parents to physically
discipline their children. Following is the guidance that is
within our Child Protective Services Manual for county
Department of Social Services, parents and individuals to
review and follow:
"Parents have a right to discipline their children. Done
appropriately, spanking and the use of corporal punishment
are not considered child abuse. Corporal punishment,
commonly referred to as physical discipline or spanking, is
the application of physical force, including striking with
the hand or with an object, against the body of another.
However, significant trauma and tissue damage, such as
bruises, welts, or lacerations may be signs of child neglect
(inappropriate discipline) or child abuse, depending on the
extent of the injuries.
Factors to consider regarding bruising include: location
and severity of the injury, child's age and developmental
stage, and whether the bruises are consistent with normal
play. Injuries such as these, not resulting from an
accident, must be assessed. A definition of significant
trauma is any injury beyond temporary redness of the skin. A
practical guideline to use is that any inflicted injury
which lasts more than 24 hours constitutes significant
injury and requires an investigation."
Thank you for contacting the DSS Website with your
inquiry. If there is a need to contact this office again, I
can be reached by phone at the number listed below or via
e-mail.
Valarie J. - North Carolina Division of Social
Services
North Dakota [North Dakota Century
Code]
§ 50-25.1-02. [Civil Code] "Harm" includes
injuries sustained from excessive corporal punishment.
§ 12.1-05-05. [Criminal Code]
Parent/guardian/other person responsible for care and
supervision of minor/person acting at direction of the above
can use reasonable force on a minor for safeguarding or
promoting his welfare, including prevention or punishment of
his misconduct and maintenance of proper discipline. Force
does not have to be "necessary," but cannot create
substantial risk of death, serious bodily injury or
disfigurement, or gross degradation.
Ohio [Ohio Revised Code]
§ 2151.031. [Civil Code] Not abuse if not
prohibited under law prohibiting endangering children.
"Endangering children" is administering corporal punishment
or other physical discipline, or physically restraining the
child in a cruel manner or for a prolonged period if the
punishment or discipline is excessive under the
circumstances and creates a substantial risk of serious
physical harm to the child.
§ 2919.22. [Criminal Code] It is a criminal
act to administer corporal punishment or other physical
discipline, or to physically restrain the child in a cruel
manner or for a prolonged period if it is excessive under
the circumstances and creates a substantial risk of serious
physical harm to the child. It is a criminal act to
administer unwarranted disciplinary measures to child if
there is a substantial risk that if conduct is continued it
will seriously impair the child's health or development.
Oklahoma [Oklahoma Code]
21 § 844. [Criminal Code]
Parents/teachers/other persons can use ordinary force as a
means of discipline, including but not limited to spanking,
switching, or paddling.
10 § 7115. [Criminal Code] Criminal penalty
for using unreasonable force upon a child under 18.
Oregon [Oregon Revised Statutes]
Physical force is justified if parent/guardian/other
person with the care and supervision of a minor uses
reasonable force when and to the extent the person
reasonably believes necessary to maintain discipline or
promote welfare of minor. 161.205. [Criminal
Code]
Pennsylvania [The Pennsylvania Code]
18 § 509. [Criminal Code] Parents can use
reasonable supervision and control when raising their
children. 23 § 6302. [Civil Code]
Parent/guardian/person responsible for general care and
supervision/ person acting at request of the above may use
force for the purpose of safeguarding or promoting welfare
of minor including the prevention or punishment of his
misconduct, if the force is not designed to cause or known
to create a substantial risk of causing death, serious
bodily injury, disfigurement, extreme pain, mental distress,
or gross degradation.
Rhode Island [State of Rhode Island General
Laws]
§11-9-5.3. [Criminal Code] Abuse occurs when
a child's physical or mental welfare is harmed or threatened
by a parent or person responsible for child's welfare, by
means including excessive corporal punishment which causes
physical or mental injury or creates or allows to be created
a substantial risk of physical or mental injury.
§40-11-2. [Civil Code] Serious physical injury
is any injury, other than a serious bodily injury, arising
from other than non-excessive corporal punishment.
South Carolina [South Carolina Code of
Laws]
§ 20-7-490. [Civil Code] "Harm" includes
excessive corporal punishment. "Harm" does not include
corporal punishment or physical discipline if- Administered
by a parent or person acting in place of a parent,
Perpetrated for the sole purpose of restraining or
correcting, Force is reasonable in manner and moderate in
degree, There is no permanent damage, and Behavior is not
reckless or grossly negligent.
South Dakota [South Dakota Codified
Laws]
It is abuse to cruelly punish.
§ 26-10-1. [Criminal Code]
Parent/guardian/teacher/school official can use, attempt, or
offer to use force if reasonable in manner and moderate in
degree, and used to restrain or correct as necessitated by
misconduct or refusal to obey a lawful command.
§22-18-5 [Criminal Code]
Tennessee [Tennessee Code]
§ 39-15-401 [Criminal Code]
Permits criminal charges against a
parent/guardian/custodian who administers "unreasonable"
corporal punishment which causes "injury" to the child.
Texas [Texas Statutes]
Penal § 9.61. [Criminal Code] Abuse does not
include reasonable discipline by a parent/guardian/managing
or possessory conservator if child not exposed to
substantial risk of harm. Family Code § 261.001.
[Civil Code] Parent/stepparent/person standing in
loco parentis to child is justified to use non-deadly force
against a child under 18 when and to degree the actor
reasonably believes necessary to discipline, or safeguard or
promote child's welfare.
Texas Law Help - An online resource for free and low-cost
civil legal assistance for those who cannot afford legal
help. Learn about your rights, self-help resources, and
legal aid.
Utah [Utah Code]
§ 76-2-401. [Criminal Code] Force is
justified if used for reasonable discipline of a minor by
parent/guardian/teacher /person standing in loco
parentis.
Vermont [Vermont Statutes]
Code § 33.4912 [Civil Code] An "abused or
neglected child" means a child whose physical health,
psychological growth and development or welfare is harmed or
is at substantial risk of harm by the acts or omissions of
his or her parent or other person responsible for the
child's welfare. An "abused or neglected child" also means a
child who is sexually abused or at substantial risk of
sexual abuse by any person.
Virginia [Code of Virginia]
In a 2002 opinion, by Judge Richard S. Bray, in Gary
Santos Guzman v. Commonwealth of Virginia, several
precedents are cited regarding the line between corporal
punishment and abuse. Although the references do not
explicitly state "it is ok to spank a child," the verbiage
clearly implies that in the eyes of the state, circumstances
exist in which corporeal punishment can be administered
without being considered abuse:
[W]here a question is raised as to whether
punishment had been moderate or excessive, the fact is one
for the [fact finder] to determine from the
attending circumstances, considering the age, size and
conduct of the child, the nature of the misconduct, and the
kind of marks or wounds inflicted on the body of the child.
[Harbaugh v. Commonwealth, (1969); see also Carpenter v.
Commonwealth, (1947)].
The formatting of this online document makes the
references a little unclear, but for more information, visit
the Virginia Judicial System's webpage.
In addition, a 2008 Wiki Answer to the question "Is it
legal to spank your children in Virginia" suggests Spanking
is allowed in all states; the line between permitted
corporal punishment and what is legally defined as abuse
varies by state and is not always clear (laws typically
allow "reasonable force" and "non-excessive corporal
punishment"). It goes on to quote the verbiage above from
Carpenter v. Commonwealth.
Washington
§ 9A.16.100. [Criminal Code] Physical
discipline is not unlawful if reasonable and moderate and
inflicted by parent /teacher/guardian for restraint or
correction. Presumed unreasonable if the following are used
to correct/ restrain: -- Throwing, kicking, burning,
cutting, striking with a closed fist, shaking a child under
3, interfering with breathing, threatening with a deadly
weapon, any other act likely to cause and which does cause
bodily harm greater than transient pain or minor temporary
marks. [Statute says this list is illustrative and not
exclusive]. Age, size,condition of child, and location
of injury are all factors in determining "reasonable" and
"moderate."
West Virginia
§ 49-1-3 Physical injury can include that which is
the result of excessive corporal punishment.
Wisconsin
§ 939.45. [Criminal Code] Use of force is
justified when actor's conduct is reasonable discipline of a
child by a person responsible for child's welfare.
Reasonable discipline may involve only such force as a
reasonable person believes is necessary. Never reasonable to
use force intended to cause great bodily harm or death, or
which creates an unreasonable risk of great bodily harm or
death.
Wyoming [Wyoming Code]
§ 14-3-202. [Civil Code] Abuse include
excessive or unreasonable corporal punishment.
§ 14-6-201. [Civil Code] A "neglected child"
includes one abused by the infliction of physical or mental
injury including excessive or unreasonable corporal
punishment.
§ 6-2-503. [Criminal Code] Same definition
as civil abuse definition.
Spanking Related Articles
Source: kidjacked.com/legal/spanking_law.asp
Does spanking work?
Children who are spanked have lower
IQs, new research finds
Children who are spanked have lower IQs worldwide, including
in the United States, according to new groundbreaking
research by University of New Hampshire professor Murray
Straus. The research results will be presented Friday, Sept.
25, 2009, at the 14th International Conference on Violence,
Abuse and Trauma, in San Diego, Calif.
The higher the percent of parents in a nation who used
corporal punishment with teenagers, the lower the national
average IQ. Credit: Murray Straus
"All parents want smart children. This research shows
that avoiding spanking and correcting misbehavior in other
ways can help that happen," Straus says. "The results of
this research have major implications for the well being of
children across the globe."
"It is time for psychologists to recognize the need to
help parents end the use of corporal punishment and
incorporate that objective into their teaching and clinical
practice. It also is time for the United States to begin
making the advantages of not spanking a public health and
child welfare focus, and eventually enact federal
no-spanking legislation," he says.
IQ and Spanking in America
American children who were spanked had a lower cognitive
ability score four years later. Credit: Murray Straus
Straus found that children in the United States who were
spanked had lower IQs four years later than those who were
not spanked.
Straus and Mallie Paschall, senior research scientist at
the Pacific Institute for Research and Evaluation, studied
nationally representative samples of 806 children ages 2 to
4, and 704 ages 5 to 9. Both groups were retested four years
later.
IQs of children ages 2 to 4 who were not spanked were 5
points higher four years later than the IQs of those who
were spanked. The IQs of children ages 5 to 9 years old who
were not spanked were 2.8 points higher four years later
than the IQs of children the same age who were spanked.
"How often parents spanked made a difference. The more
spanking, the slower the development of the child's mental
ability. But even small amounts of spanking made a
difference," Straus says.
IQ and Spanking Worldwide
Straus also found a lower national average IQ in nations
in which spanking was more prevalent. His analysis indicates
the strongest link between corporal punishment and IQ was
for those whose parents continued to use corporal punishment
even when they were teenagers.
Straus and colleagues in 32 nations used data on corporal
punishment experienced by 17,404 university students when
they were children.
According to Straus, there are two explanations for the
relation of corporal punishment to lower IQ.
The More Spanking, the Greater the Probability of
Post-Traumatic Stress Symptoms.
First, corporal punishment is extremely stressful and can
become a chronic stressor for young children, who typically
experience corporal punishment three or more times a week.
For many it continues for years. The research found that the
stress of corporal punishment shows up as an increase in
post-traumatic stress symptoms such as being fearful that
terrible things are about to happen and being easily
startled. These symptoms are associated with lower IQ.
Second, a higher national level of economic development
underlies both fewer parents using corporal punishment and a
higher national IQ.
The good news is that the use of corporal punishment has
been decreasing worldwide, which may signal future gains in
IQ across the globe.
"The worldwide trend away from corporal punishment is
most clearly reflected in the 24 nations that legally banned
corporal punishment by 2009. Both the European Union and the
United Nations have called on all member nations to prohibit
corporal punishment by parents. Some of the 24 nations that
prohibit corporal punishment by parents have made vigorous
efforts to inform the public and assist parents in managing
their children. In others little has been done to implement
the prohibition," Straus says.
"Nevertheless, there is evidence that attitudes favoring
corporal punishment and actual use of corporal punishment
have been declining even in nations that have done little to
implement the law and in nations which have not prohibited
corporal punishment," he says.
Source: nospank.net/straus15.htm
States that Permit Spanking
There are scurrently 21 states that allow spanking in
school. They are: Alabama, Arizona, Arkansas, Colorado,
Florida, Georgia, Idaho, Indiana, Kansas, Kentucky,
Louisiana, Mississippi, Missouri, New Mexico, North
Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas
and Wyoming.
If you think this is wrong, write you state legislators
and tell them. Here's a sample letter you might use:
When a school's policy permitting corporal punishment is
challenged, punishers and their defenders typically point
out that the practice is legal, that those who physically
punish students are following established guidelines, and
that the action is carried out in the presence of a
witness.
I'm curious to know if any school of education teaches
undergraduates the correct method for hitting a child's
pelvic area with a wooden board. Surely, if there were an
established "right method," then teachers' colleges would
include it in their curriculum. As a general rule,
professionals who engage in potentially dangerous contact
with a subject's body are trained and tested in the
procedure, and are certified. Educators who strike students
seem to be the only exception. If I'm wrong - if there is a
degree-granting institution in your state that offers
training in how to hit children - please let me know.
As for presence of a witnesses during the event, I have
been unable to find anyone to explain exactly what the
witness is supposed to be preventing. What criteria apply?
Is the mere presence of a witness enough to keep a paddler
from crossing some mysterious, unspoken boundary? Can you
cite one example of a witness who did something? If the
witness happens to be a voyeur, and is colluding with the
paddler in an act of sexual sadism, then what? Such things
do happen, as a visit to www.nospank.net/101.htm will
confirm.
Any light you can shed on these matters would be much
appreciated. I look forward to your response.
Source: nospank.net/straus15.htm
Spanking Can Be Sexual Abuse
This page has been created to raise public awareness of
spanking's sexual dimension, by which children and teens are
vulnerable to exploitation under the cover of discipline.
Presented by Project NoSpank, the Web site of Parents and
Teachers Against Violence in Education.
Porn fighters break ring of kid-spanking
fetishists
Investigators are in the final stages of breaking up a ring
of child-pornography enthusiasts in the United States and
Canada who derived sexual pleasure from the severe spanking
of children. Nine people already have pleaded guilty,
including one in west suburban Chicago.
Members of the loose-knit group, which investigators have
nicknamed "the Spanking Club," harshly beat children--often
their own--with paddles, canes or other devices, and then
exchanged videos of those spankings through the mail,
officials said. The videos also featured close-ups of
genitalia and other pornographic elements.
Those who investigate crimes against children say they
cannot remember another such case, featuring an organized
group focused on the pornography of spanking children. In
all, authorities have removed 12 children ranging in age
from 4 to 14 from their parents or guardians.
`Brutalizing' the young
"What we're talking about, it was not just a little
paddling with the hand on a kid's backside," said Raymond
Smith, a senior U.S. postal inspector who worked on the
case. "They're using paddles, whips, canes and severely
brutalizing these very young children, sometimes as young as
4 years old."
Some of the defendants have yet to be sentenced, and
other arrests may be made. But whatever the final numbers,
the case illustrates a phenomenon becoming increasingly
known among law enforcement: that the Internet has made it
much easier for child pornographers to find each other and
create and exchange material in violation of the law.
Five years ago, the FBI created an initiative called
Innocent Images, sending agents undercover to stop on-line
child pornographers by, for example, entering chat rooms in
the persona of girls. These agents opened 113 cases in 1996.
That jumped to 1,541 last year.
In the spanking case, the pornographers sent videos
through the mail because it is difficult to transmit a
90-minute video online. But they often communicated with
each other on the Internet, authorities said.
Veteran investigators said that even by the disturbing
standards of child pornography, the activities of the
Spanking Club were chilling. The films did not involve
ordinary spanking, but rather beatings, and they included a
clearly sexual element.
"Any time children are brutally beaten, it's the most
outrageous type of conduct that we have to deal with," said
Michael Heimbach, chief of the FBI's Crimes Against Children
Unit. "It wrenches your heart. All the children's issues do,
but when you see children being beaten on videos and their
genitalia are being filmed, it's very, very disturbing."
Canada provided 1st break
Investigators' first break occurred in May 2000, when
Canadian authorities intercepted a video mailed to an
assistant school principal, David Wadsworth, and arrested
him. He was carrying a phone bill that led investigators to
David Patterson, a computer programmer in Dalton, Ga., who
appeared to have been at the center of the ring.
A tape from Wadsworth's house showed Patterson
"administering repeated spankings to four naked children,
who cried out in pain during the prolonged beatings," said a
prosecutor. Two of the children were Patterson's children,
another was the child of a former wife, and the fourth was a
family acquaintance, investigators said.
Patterson pleaded guilty and was sentenced last November
to 10 years in prison. His ex-wife, Shirley Blaney, received
2 years.
More important from the investigators' perspective,
Patterson agreed to cooperate, leading agents and inspectors
to others involved in the group. Some of them beat children
and made videos, while others simply trafficked in them.
There was Jim Nain, a railroad employee in Wisconsin
Rapids, Wis., in whose house agents found hairbrushes, a
rattan cane and other items.
Teacher, nurse caught
There was Gordon Murray, an elementary school teacher in
Brewton, Ala., who met Patterson through an ad in Domestic
Discipline Digest.
There was Richard Roll, a male nurse and former
scoutmaster from Jamestown, N.Y., who called his
pornographic films "Rick Roll Videos."
And there was George Kelly of Lombard, Ill., who pleaded
guilty last month to possession and distribution of child
pornography. Kelly, 63, had been a volunteer Sunday school
teacher at Christ the King Catholic Church in Lombard.
Kelly was creating spanking videos, investigators said,
but they involved mannequins rather than children. During
the search of his house, Kelly admitted to agents that he
had manufactured and distributed simulated child pornography
in exchange for "the real thing."
Kelly's sentencing is scheduled for April 19, and he
faces a potential term of 70 to 87 months in prison.
Officials say they had to take down the organization
quickly, rather than drawing out the investigation, because
children were being abused. They do not believe there will
be many other such cases, they said, because the group
revolved around a relatively rare fetish.
Still, such people have a drive to get in touch with one
another, and the Internet provides an easy way to do so,
according to Smith, who heads the child exploitation unit at
the Postal Inspection Service.
"They have a real innate need to communicate with others
because deep down inside, they know what they're doing is
wrong," Smith said. "But by communicating with each other
and sharing experiences, it's a psychological support thing.
It's a validation system. It makes them say, `See, I'm not
so weird. There's a lot of other people out there that like
the same thing as I do.'"
* * *
Family Friend Charged With Bare-bottom Spanking of
Girl
A little league coach accused of repeatedly spanking a
little girl after pulling down her pants has been charged
with sexual assault.
Ronald Ellis, 30, of New Hartford, was in Bantam Superior
Court on Monday. He was released on a written promise to
appear in court.
Ellis has been charged with fourth-degree sexual assault
and risk of injury to a minor in the October incidents.
According to an arrest warrant, Ellis ordered a
9-year-old girl to pull down her pants so he could spank her
along a remote area of the Farmington River Turnpike while
they were riding bicycles and again at a New Hartford
firehouse.
Ellis is a volunteer firefighter.
Police said he also choked the girl's 8-year-old brother
after the boy refused to obey him.
State police arrested Ellis on a warrant Friday. His next
court date is Dec. 17.
State police said Ellis befriended the two children and
their sister through an acquaintance with their father.
* * *
School Head gets 18 months for spanking girl
pupils
A HEADMASTER who performed secret spankings on girl pupils
for over 20 years was jailed for 18 months yesterday.
Kenneth Watson, 46, was allowed to continue working
despite an official warning about his behaviour and carried
out a further two attacks, Carlisle Crown Court was
told.
A diocesan adviser visited the Roman Catholic primary
school, where Watson also served as a child protection
officer, after accusations by a pupil. Watson claimed to be
stunned by the allegation that he had indecently smacked the
girl and the matter was not pursued, but he was warned about
the possibility of dismissal if there were further
incidents.
He was arrested four months later, in February this year,
after committing two further offences. As a result of
publicity, 25 former pupils whose ages spanned three decades
were to come forward and make allegations against him.
Watson, of Washington, Tyne and Wear, who is married with
two children, admitted 11 specimen charges of indecent
assault on girls aged nine to 15 at three schools in South
Tyneside where he worked from the 1970s. A further four
counts of similar offences involving boys were denied and
allowed to remain on the file.
Paddy Cosgrove, QC, for Watson, said: "One worrying
aspect is that if the diocesan adviser who went to see him
in Oct 1995 remembers the incident as he says, then surely
he and the local education authority were derelict in their
duty by not taking this further."
"This was a gross breach of trust. You were headmaster
and had the whole responsibility for the little community of
your school."
Carlisle Crown Court was told that Watson gained no
sexual gratification from what he did, but this was refuted
by his victims. One told how she was made to wear a red
gymslip when he smacked her and the garment was found by
police when they searched his office. Others were spanked
when he lifted up their skirts while alone in classrooms
with him. Their "punishment" had been marked inside an
exercise book.
On three occasions he pulled down girls' knickers and hit
them on their bare buttocks. Psychiatrists said his problems
were rooted in his childhood and Watson spoke of the
incidents giving him "a cosy kind of feeling".
Judge Alastair Bell told Watson: "This was a gross breach
of trust. You were headmaster and had the whole
responsibility for the little community of your school."
Watson's wife, Kay, 43, is also a teacher and the only
daughter of Judge William Hannah, who sits at Newcastle
Crown Court. She is standing by her husband.
Police were alerted after a passing comment by a
10-year-old victim to her mother and another girl from the
same school came forward after publicity. Watson telephoned
the mothers of both girls to say there had been a
misunderstanding and it was "only a joke".
After the hearing, one of the three women who gave
evidence claiming that they had been assaulted by Watson
while schoolgirls, said she could not believe his
sentence.
"All along he has shown no remorse at all for what he has
done," she said. "It has been self, self, self. They said he
didn't do it for sexual gratification either but I don't
believe that. I could tell by the way he was breathing
heavily as he assaulted me that he was getting something out
of it."
The woman, a 30-year-old mother of two, referred to in
court as Miss E, said she was considering bringing legal
action against South Tyneside Education Authority.
In a statement, the Diocese of Hexham and Newcastle said:
"The Church strives in every one of its schools to provide
the safest environment for the education and care of its
children. So, any instance where a member of staff fails to
safeguard children comes as a complete shock."
* * *
Dad could get jail for 'whupping'--Pleads guilty in
bare-bottom spanking case
Use the rod and you could go to jail.
Raymond Boyle could get two years in prison after
pleading guilty yesterday to child endangering for spanking
his teenage daughters with their pants down.
Gary A. Crow, executive director of Lorain County
Children Services, said the case shows how blurry the line
can be between discipline and abuse.
Ohio law permits use of reasonable corporal punishment,
but prosecutors said Boyle's methods were a mental risk to
his daughters, 15 and 13.
"It's not that he administered corporal punishment, but
how," said Lorain County Prosecutor Gregory A. White. "He
was way over the line."
Amherst police Detective Alex Molnar said Boyle, 39,
required his daughters to strip naked from the waist down
before spanking them last year.
Officials said one girl was spanked three times, with the
first in January 1995 and the last in April 1996; and the
other was spanked in April 1996.
Molnar said they confided the humiliation to a school
counselor after the April incident.
Molnar said the girls were punished by their father
repeatedly for minor things, including misbehaving on the
school bus or disobeying his rules.
Boyle pleaded guilty yesterday rather than go to
trial.
Prosecutors had planned to call a psychologist to testify
that spanking the girls while they were nude posed a
substantial risk to their mental health.
White said he doubted that Boyle would have been charged
in Lorain County Common Pleas Court had he spanked the girls
with their clothes on.
Although neither Boyle nor his lawyer, Michael Boylan,
returned calls yesterday, court documents say Boyle did not
touch either girl.
In an interview with Molnar, Boyle said he "whupped" his
daughters with a belt, requiring that they strip because it
added humiliation to the punishment.
He conceded this was wrong, the documents say.
Children Services said Boyle no longer has contact with
the girls.Crow, the director of the agency, said parents
often try to disguise child abuse as discipline.
"Ninety-five percent of the time we see child abuse, it's
explained as an accident or [parents say,] 'The
child was out of control. I was disciplining my child, and
that's within my right,' Crow said.
While many parents and pediatricians consider corporal
punishment an acceptable tool of discipline, new research
calls it heavy-handed and ineffective.
The American Medical Association last week published
research that suggests spanking has harmful long-term
effects, including increasing aggression.
It concluded "spare the rod, spoil the child" was a
myth.
Patti-Jo Burtnett, spokeswoman for Lorain County Children
Services, said the agency suggests parents try nonphysical
alternatives, like timeout.
"If you're unsure of where the line is, if what you do
leaves a mark, hurts or humiliates, then you probably
shouldn't do it," she said.
Boyle, who was free yesterday on a personal bond, will be
sentenced by Common Pleas Judge Thomas Janas in about six
weeks, after he is interviewed by the County Probation
Department.
Source: nospank.net/101.htm
See Who
Supports Spanking - That should tell you a lot:
Dr. Laura advises parents to use "swift and terrible"
correction for defiant children www.tldm.org/news7/DrLaura2.htm
Focus on the Family, John Dobson and crew - Spanking
can be a valuable disciplinary tool. www.focusonyourchild.com/hottopics/a0001043.cfm
Pope says it's OK to spank kids, if
their dignity is kept
Pope Francis says it's OK to spank your children to
discipline them - as long as their dignity is
maintained.
Francis made the remarks this week during his weekly
general audience, which was devoted to the role of fathers
in the family.
Francis outlined the traits of a good father: one who
forgives but is able to "correct with firmness" while not
discouraging the child.
"One time, I heard a father in a meeting with married
couples say 'I sometimes have to smack my children a bit,
but never in the face so as to not humiliate them,'" Francis
said.
"How beautiful!" Francis remarked. "He knows the sense of
dignity! He has to punish them but does it justly and moves
on."
The Rev. Thomas Rosica, who collaborates with the Vatican
press office, said the pope was obviously not speaking about
committing violence or cruelty against a child but rather
about "helping someone to grow and mature."
"Who has not disciplined their child or been disciplined
by parents when we are growing up?" Rosica said in an email.
"Simply watch Pope Francis when he is with children and let
the images and gestures speak for themselves! To infer or
distort anything else ... reveals a greater problem for
those who don't seem to understand a pope who has ushered in
a revolution of normalcy of simple speech and plain
gesture."
The Catholic Church's position on corporal punishment
came under sharp criticism last year during a grilling by
members of a U.N. human rights committee monitoring
implementation of the U.N. treaty on the rights of the
child.
In its final report, the committee members reminded the
Holy See that the treaty explicitly requires signatories to
take all measures, including legislative and educational, to
protect children from all forms of physical or mental
violence - including while in the care of parents.
It recommended that the Holy See amend its own laws to
specifically prohibit corporal punishment of children,
including within the family, and to create ways to enforce
that ban in Catholic schools and institutions around the
globe.
The recommendations were prompted by reports to the
committee of widespread physical abuse and use of corporal
punishment in Catholic-run schools and institutions,
particularly in Ireland, that committee members said had
reached "endemic levels."
The Vatican had argued that it in no way promoted
corporal punishment, but that it also had no way to enforce
any kind of ban on its use in Catholic schools, over which
it has no jurisdiction. It noted that it was only
responsible for implementing the child rights treaty inside
the Vatican City State.
That said, it stressed that the term "punishment" isn't
even used in the section of church teaching that refers to
parents' duties to "educate, guide, correct, instruct and
discipline" their children.
In its written response to the committee, the Vatican
said that according to church teaching, parents "should be
able to rectify their child's inappropriate action by
imposing certain reasonable consequences for such behavior,
taking into consideration the child's ability to understand
the same as corrective."
The head of the Vatican delegation told the committee
that he would take the U.N. proposal to ban corporal
punishment in all settings back to Rome for
consideration.
Source: www.aol.com/article/2015/02/06/pope-says-its-ok-to-spank-kids-if-their-dignity-is-kept/21139888/
To Spank or Not to Spank? (Fact
sheet from the Rocky Mountain Family Council - advocates of
spanking):
Is spanking an effective means of discipline for kids, or
does it merely teach them to be violent? Fewer topics have
generated so much emotion as whether to spank or not. First,
what does the law say? Is it illegal to spank your kids? The
answer is no-but parents who spank must be very careful to
avoid running afoul of the law. Colorado law defines child
abuse to include any case in which a child exhibits evidence
of skin bruising, bleeding, failure to thrive, burns,
fractures, etc. and the condition is not justifiably
explained or the circumstances indicate that the condition
was not accidental. For purposes of the child abuse law,
parental discipline through spanking may not be justifiable
if the child is bruised or otherwise injured. Thus, spanking
is not illegal, but injuring a child is.
Apart from the legalities, is spanking a good idea? Does
it work? According to the American Academy of Pediatrics,
about 90 percent of U.S. parents spank, and about 59 percent
of pediatricians in a 1992 survey said they support the
practice. According to the academy, effective discipline has
three key components: first, a loving, supportive
relationship between parent and child; second, use of
positive reinforcement when children behave well; and third,
use of punishment when children misbehave. Many parents
these days are fearful of using spanking as punishment,
either because of the law or because they fear it teaches
violence to their kids.
Some professional organizations of physicians and
psychologists have suggested that spanking is detrimental
and leads to family violence and child abuse. They have
suggested that spanking teaches physically aggressive
behavior which the child will imitate. But does the research
support these assertions? According to the National
Institute for Healthcare Research, more than 80 percent of
the professional publications attacking spanking were
reviews and commentaries, rather than quantitative research.
When analyzing the small portion of quantitative studies
that included spanking, more than 90 percent of these
studies lumped together mild forms of spanking with severe
forms of physical abuse without discussing why they did so.
Thus, the professional organizations which advocated
outlawing spanking evidently made their decisions without
the benefit of the facts. Mild spanking and severe child
abuse are not the same thing.
While spanking is not illegal, bruising or otherwise
injuring a child is. But what about mild spanking as a
corrective measure? Is it a good idea? Spanking works best
when coupled with other disciplinary measures, such as "time
out." Research regarding behavior modification of children
ages 2 to 6 found that spanking a child two times on either
the rear or thigh helped improve compliance with "time out"
for misbehavior. These children were more likely to remain
in their room after acting up if a potential spank followed
if they left before the time was up. Furthermore, pairing
reasoning with a spanking in the toddler years delayed
misbehavior longer than did either reasoning or spanking
alone. Reasoning linked with a spank was also more effective
compared with other discipline methods. Talking with the
child about what behavior is expected and why-with the
potential of a follow-up spank-worked best.
According to Physician magazine, spanking should
be used selectively for clear, deliberate misbehavior,
especially a child's persistent defiance of a parent. It
should be used only when the child receives at least as much
praise for good behavior as correction for problem behavior.
Verbal correction, time out and logical consequences should
be used initially, followed by spanking when noncompliance
persists. Only a parent should administer a spanking, not
another person. Spanking should never be administered on
impulse or when a parent is out of control. Parents
sometimes need a time out too. Spanking is inappropriate
before 15 months of age, should be less necessary after 6
years, and rarely, if ever, used after 10 years of age.
Spanking should always be administered in private.
Appropriate spanking only leaves temporary redness of skin,
and never bruises or injures. Spanking works, but must be
used thoughtfully and carefully in conjunction with other
disciplinary measures.
Source: www.tldm.org/news6/child.discipline.htm
Dads'
Postpartum Depression Ups Odds of
Spankings
Growing evidence shows that fathers can suffer from
postpartum depression too. A new study finds that dads'
post-baby blues can have a negative effect on their
parenting and increase the chances that a child will be
spanked.
Researchers from the University of Michigan studied more
than 1,700 fathers of 1-year-olds and found that 7 percent
of them reported a "major depressive episode" in the time
since the birth of their babies.
In many cases, the black moods apparently were taken out
on the children, making it four times more likely that they
had been spanked recently and half as likely that their dads
read them stories on a regular basis, according to the paper
in the April issue of Pediatrics.
Pediatricians could play a bigger role in suggesting ways
to combat fathers' postpartum depression, since about 77
percent of the fathers who were down said they'd talked to
their baby's doctors in the past year.
"Pediatric providers should consider screening fathers
for depression, discussing specific parenting behaviors
[e.g., reading to children and appropriate
discipline], and referring for treatment if
appropriate," wrote the authors led by Dr. R. Neal
Davis.
The new dads' experience with depression resembled that
of new moms, as they were most likely to suffer symptoms
within the first year of the child's life.
Experts attribute the trend to fathers' increased role in
child care. Though that heightened participation has been
supported by the American Academy of Pediatrics, what's
difficult is getting doctors to recognize postpartum
depression in men and help them do something about it.
Pediatricians need to "embrace paternal perinatal
depression screening with the same vigor" they do with
mothers, which could pose a challenge, wrote Dr. Craig F.
Garfield of Northwestern University in Chicago and Richard
Fletcher of the University of Newcastle in Australia in an
editorial published with the study.
"The field of pediatrics is now faced with finding ways
to support fathers in their parenting role much in the same
way we support mothers," they said.
The latest research relied on interviews with 1,746
fathers of babies who were a year old. The data had been
collected for a large-scale national study on families and
children in the U.S. born between 1998 and 2000.
About 7 percent of the men said they'd been very
depressed at some point during the previous year.
The sad fathers were more likely to be unemployed and
have substance abuse problems, which probably contributed to
their state of mind, according to the paper. But they were
just as likely as the other fathers to have spoken to their
child's pediatrician during the time period in question.
Forty-one percent of depressed dads reported spanking
their babies in the prior month, compared to only 13 percent
of other fathers, and 41 percent of them said they'd read
stories to their children at least three days a week versus
58 percent of the happier dads.
Put another way, the depressed fathers were 62 percent
less likely to say they'd read to their children at least
three days a week and 3.92 times more likely to have spanked
them in the past month.
Both groups of fathers were equally likely to sing songs
to their kids and play with them, the findings showed.
The issue of spanking children has been hotly debated,
but the researchers found it worrying that these babies were
a year old or younger, at "a developmental stage when
children are unlikely to understand the connection between
their behavior and subsequent punishment and when spanking
is more likely to cause physical injury."
Postpartum depression occurs after the birth of a child
and is typically accompanied by significant feelings of
sadness, emptiness, anger, irritability and listlessness.
Insomnia or sleeping too much are also common symptoms.
Related: 'Significant'
Number of Dads Experience Postpartum Depression
Source: www.aolhealth.com/2011/03/14/new-dads-postpartum-depression-ups-odds-of-spankings-study-fin/?icid=main%7Chtmlws-sb-n%7Cdl5%7Csec3_lnk1%7C206028
Judge William
Adams Won't Be Charged Over Videotaped Beating Of Daughter,
Police Say
A Texas family law judge whose daughter secretly videotaped
him savagely beating her seven years ago won't face criminal
charges because too much time has elapsed, police said
Thursday.
2:27
2:07
11:36
11:33
Arkansas County Court-at-Law Judge William Adams likely
would have been charged with causing injury to a child or
other assault-related offenses for the 2004 beating of his
then-16-year-old daughter, but the five-year statutes of
limitations expired, Rockport Police Chief Tim Jayroe
said.
"We believe that there was a criminal offense involved
and that there was substantial evidence to indicate that and
under normal circumstances ... a charge could have been
made," Jayroe said. He said the district attorney determined
he couldn't bring charges, and that police would discuss the
case with federal prosecutors even though he doesn't believe
federal charges would apply.
Hillary Adams, now 23, posted the 8-minute clip on
YouTube last week that shows her father viciously lashing
her with a belt and trying to force her to bend over her bed
to be beaten despite her wails and pleas to stop. The clip
had received more than 2.4 million hits as of Thursday, and
police began investigating Wednesday after hearing from
concerned citizens.
William Adams, 51, issued a three-page statement Thursday
saying his daughter posted the clip to get back at him for
telling her he would be reducing the amount of financial
support he gives her and taking away her Mercedes. The
statement did not include an apology for the beating, but he
told Corpus Christi television station KZTV on Wednesday
that the video "looks worse than it is," that he had already
apologized to his daughter and that he was just disciplining
his child for stealing.
Hillary Adams says her parents were angry because she had
downloaded pirated content online, and that she turned on
the camera because she sensed something was going to
happen.
William Adams, who presides over child abuse cases, is
still being investigated by the state's judicial conduct
commission and the Texas Department of Family and Protective
Services, which on Thursday requested that he be removed
from its cases until the investigation concludes.
Patrick Crimmins, a spokesman for the agency, declined to
elaborate on the exact nature of the investigation. But he
said that in general, the agency would only investigate a
case in which a suspected abuse victim has already reached
adulthood if there are still children in the home who could
be at risk. Adams was granted joint custody of his
10-year-old daughter in his 2007 divorce.
There are no allegations of alleged abuse by Adams
against his younger daughter, who primarily resides with her
mother, Hallie Adams. Crimmins declined to say whether his
agency is investigating the parental fitness of Hallie
Adams, who lashed Hillary once during the 2004 beating.
Crimmins said his agency ordinarily wouldn't disclose
that it is investigating someone, but that it did in this
case because the investigation is the reason it requested
that William Adams be taken off its cases.
Jayroe said that police did not interview the younger
daughter, but asked both Hallie and Hillary Adams about it
and there was no indication of abuse of the younger
daughter.
In his statement Thursday, Adams said he would "respond"
to all investigations. As Aransas County's top judge, he has
dealt with at least 349 family law cases in the past year
alone, nearly 50 of which involved state caseworkers seeking
determine whether parents were fit to raise their
children.
County officials confirmed that Adams will not hear cases
related to Child Protective Services for at least the next
two weeks. And the top administrator in Aransas County cast
doubt on whether Adams could credibly return to the
bench.
"I would think it would be very difficult," said Aransas
County Judge C.H. "Burt" Mills Jr. "Personally I don't see
how he can recover from this."
If the judicial commission and police investigations
don't lead to punishment or charges, Adams could be safe on
the bench until he's up for re-election in three years.
Hillary Adams said she waited so long to expose her
father because she was terrified at what might have happened
had she done so while still living under his roof. She said
the outpouring of support and encouragement she's received
since posting the clip is tempered by the sadness that it's
her father repeatedly lashing her with a belt and
threatening to beat her "into submission."
During an interview with her mother Thursday on NBC's
"Today" show, Hillary Adams said her father regularly beat
her for a period of time. has repeatedly said she didn't
post the clip to spite her father, and that she hopes it
forces him to seek help.
Her mother blamed her ex-husband's bouts of violence on
an "addiction." She called it a "family secret," but
declined to elaborate.
In his statement, though, William Adams painted a starkly
different picture of why his daughter posted the clip.
"Just prior to the YouTube upload, a concerned father
shared with his 23-year-old daughter that he was unwilling
to continue to work hard and be her primary source of
financial support, if she was going to simply `drop out,'
and strive to achieve no more in life than to work part time
at a video game store," Adams' statement said. "Hillary
warned her father if he reduced her financial support, and
took away her Mercedes automobile, which her father had
provided, he would live to regret it."
Hillary Adams did not immediately respond to email
requests Thursday seeking a response.
___
Associated Press writer Danny Robbins in Dallas
contributed to this report.
"We believe that there was a criminal offense involved
and that there was substantial evidence to indicate that and
under normal circumstances ... a charge could have been
made," Jayroe said. He said the district attorney determined
he couldn't bring charges, and that police would discuss the
case with federal prosecutors even though he doesn't believe
federal charges would apply.
Hillary Adams, now 23, posted the 8-minute clip on
YouTube last week that shows her father viciously lashing
her with a belt and trying to force her to bend over her bed
to be beaten despite her wails and pleas to stop. The clip
had received more than 2.4 million hits as of Thursday, and
police began investigating Wednesday after hearing from
concerned citizens.
William Adams, 51, issued a three-page statement Thursday
saying his daughter posted the clip to get back at him for
telling her he would be reducing the amount of financial
support he gives her and taking away her Mercedes. The
statement did not include an apology for the beating, but he
told Corpus Christi television station KZTV on Wednesday
that the video "looks worse than it is," that he had already
apologized to his daughter and that he was just disciplining
his child for stealing.
Hillary Adams says her parents were angry because she had
downloaded pirated content online, and that she turned on
the camera because she sensed something was going to
happen.
William Adams, who presides over child abuse cases, is
still being investigated by the state's judicial conduct
commission and the Texas Department of Family and Protective
Services, which on Thursday requested that he be removed
from its cases until the investigation concludes.
Patrick Crimmins, a spokesman for the agency, declined to
elaborate on the exact nature of the investigation. But he
said that in general, the agency would only investigate a
case in which a suspected abuse victim has already reached
adulthood if there are still children in the home who could
be at risk. Adams was granted joint custody of his
10-year-old daughter in his 2007 divorce.
There are no allegations of alleged abuse by Adams
against his younger daughter, who primarily resides with her
mother, Hallie Adams. Crimmins declined to say whether his
agency is investigating the parental fitness of Hallie
Adams, who lashed Hillary once during the 2004 beating.
Crimmins said his agency ordinarily wouldn't disclose
that it is investigating someone, but that it did in this
case because the investigation is the reason it requested
that William Adams be taken off its cases.
Jayroe said that police did not interview the younger
daughter, but asked both Hallie and Hillary Adams about it
and there was no indication of abuse of the younger
daughter.
In his statement Thursday, Adams said he would "respond"
to all investigations. As Aransas County's top judge, he has
dealt with at least 349 family law cases in the past year
alone, nearly 50 of which involved state caseworkers seeking
determine whether parents were fit to raise their
children.
County officials confirmed that Adams will not hear cases
related to Child Protective Services for at least the next
two weeks. And the top administrator in Aransas County cast
doubt on whether Adams could credibly return to the
bench.
"I would think it would be very difficult," said Aransas
County Judge C.H. "Burt" Mills Jr. "Personally I don't see
how he can recover from this."
If the judicial commission and police investigations
don't lead to punishment or charges, Adams could be safe on
the bench until he's up for re-election in three years.
Hillary Adams said she waited so long to expose her
father because she was terrified at what might have happened
had she done so while still living under his roof. She said
the outpouring of support and encouragement she's received
since posting the clip is tempered by the sadness that it's
her father repeatedly lashing her with a belt and
threatening to beat her "into submission."
During an interview with her mother Thursday on NBC's
"Today" show, Hillary Adams said her father regularly beat
her for a period of time. has repeatedly said she didn't
post the clip to spite her father, and that she hopes it
forces him to seek help.
Her mother blamed her ex-husband's bouts of violence on
an "addition." She called it a "family secret," but declined
to elaborate.
In his statement, though, William Adams painted a starkly
different picture of why his daughter posted the clip.
"Just prior to the YouTube upload, a concerned father
shared with his 23-year-old daughter that he was unwilling
to continue to work hard and be her primary source of
financial support, if she was going to simply `drop out,'
and strive to achieve no more in life than to work part time
at a video game store," Adams' statement said. "Hillary
warned her father if he reduced her financial support, and
took away her Mercedes automobile, which her father had
provided, he would live to regret it."
Hillary Adams did not immediately respond to email
requests Thursday seeking a response.
Source: www.huffingtonpost.com/2011/11/03/judge-william-adams-video-beating-daughter_n_1075284.html?icid=maing-grid10%7Chtmlws-main-bb%7Cdl4%7Csec1_lnk3%7C109861
* * *
Corporal punishment in American schools is a national
disgrace. It is not rare. It is not used only as a last
resort - and as bad discipline, it drives out good.
Spankings do for a child's development what fistfights
between spouses do for a marriage
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