Spanking: Risks and Legal Concerns

by Rich Andrews | More from this Blogger

10 Jun 2008 03:43 PM

First of all, I want to start right off by saying I am not an attorney. However, I worked for almost 10 years as a Child Protective Services (CPS) Caseworker investigating allegations of abuse and neglect, and testifying in Court. I have seen a lot of really bad things happen to kids. I have also seen a lot of good parenting, and parents who just need a little support and help. Spanking is one of the main questions people ask me about when it concerns CPS.

Some of the questions concerning spanking that I will address:

1. Is it legal to spank? 2. Just what is child abuse, or physical abuse (for the purposes of this article sexual abuse and neglect will not be addressed)? 3. Is it a good idea for the parent to spank their child?

Is it legal spank you child?

Currently, it is not against the law to spank your child in any of the 50 states in this country. Recently, spanking was back in the national headlines. California tried to outlaw spanking, but the State Legislature failed to gain enough popular support to pass the measure. In that case, there were some major concerns about over-riding the parent's right to raise their child as they see fit - to do what the parent believes is in the best interests of their child. The other major issue with the legislation was how it was going to be enforced.

What is child abuse - or physical abuse?

Many parents want to know where the line is drawn legally. Is it just leaving a mark or a bruise on a child after spanking the child? Yes - leaving a mark or bruise on a child is the legal line that parents must not cross when spanking their child. However, CPS has some discretion when making its decision as to whether or not child abuse has occurred. Some key questions a CPS investigator would need to know:

A. How old is the child? B. Where is the location of the injury? C. What is the extent of the injury? D. Could something other than child abuse have occurred?

Obviously, there are other types of physical abuse. Children are burned, suffer broken bones, and other internal injuries occur at the hands of parents and adult caregivers.

Is it a good idea for the parent to spank their child?

Some of the things that a parent should really think about when they are considering using spanking as a method of disciplining their child are:

A. Do I have a history of problems controlling my temper? B. Am I under financial or emotional stress? C. Do I have a substance abuse problem? D. Was I a victim of abuse or neglect? E. Is your child a previous victim of abuse? F. Does your child have a history of behavior problems? G. Is your child developmentally disabled?

These are just some of the contributing factors that lead to the physical abuse of a child. Spanking, as you can see, may not be illegal, but for some people, especially those who struggle with mental health or substance abuse issues, it's a very bad idea. In these situations the CPS worker can refer the family to counseling to get help. However, it would be best if the family did not wait until CPS was involved and dealt with the problem themselves. Depending on the severity of the abuse, the age of the child, and whether or not the family had any previous history of abuse or neglect, CPS can take the family to Court. And going to Court is not a place where you want to be as a parent.

Related Articles:

Spanking or Hitting?

Bill To Make Spanking A Crime Dropped

Discipline is Not a Bad Word

Learn more about Rich Andrews

Rich has been married 20 years to his wife Laura. They have 4 children together, one with many special health and learning needs because of velocardiofacial syndrome.

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Samual (11722) 10 Jun 2008 03:55 PM

My husband is a social worker, last year his team put over 30 children into care due to their parents hitting/spanking them.

Rich Andrews (276) 10 Jun 2008 05:28 PM

It's a tough job. I did it as long as I could before burn out hit. God bless him for hanging in there. Your husband said something about the "Pound" in response to a previous article I had written. Are you from Great Britain? I wonder what social work is like there. In the USA it is a low paying and thankless job. There is the sense that you are helping people and doing good...and the benefits were good working for the State.

PDeverit (283) 10 Jun 2008 06:43 PM

Fisrt of all, I agree with you that if you were to throw all parents who have spanked their kids in jail, there would be alot of good parents in jail, and its unnecessary to take the kids out of all those homes. But it is VERY IMPORTANT to teach and learn better ways to discipline. Remember that it was THE PARENTS choice to have kids, not THE CHILDS to receive unprepared fathers and mothers. St. Augustine has said "give me different mothers and I will give you a different world." The "Do You Spank" thread already has an extensive discussion on this, particularly the postings by sgram, so I don't need to list everything. Theres just no excuse, in this day and age, not to learn constructive discipline methods to apply instead. The ACT Against Violence website offers some good tips. Being a parent is a REAL job that needs to be recognized and appreciated as such.

PDeverit (283) 10 Jun 2008 06:52 PM

P.S. I also think they should pay social workers alot more than the pittance that is currently allotted to them. It would attract more people, and they wouldn't be so overworked. There was someone I knew who had around 115 people on their caseload. Yikes!!!

Samual (11722) 17 Jun 2008 02:57 AM

Yes, we are from the UK, here it isn't well paid, but the wages aren't extremely low either, he recieves 20,000 a year, which is about $40,000 but you have to remember money doesn't go as far in England as it does in America. But it is one of a handful of jobs where you do not do it for the money, you do it to ensure children, the disabled and elderly are properly cared for.

SueR (580) 21 Jun 2008 10:24 AM

In a few states, Wyoming and Nevada for example, minor marks or bruises from otherwise reasonable corporal punishment is specifically excluded from the state definition of child abuse. (Of course, CPS being a civil agency, that's no surefire guarantee they won't harass parents over it anyway.) Also, Oklahoma passed a law reminding parents that "spanking, switching and paddling" are all legal--which seems to suggest indifference to some level of bruising.

Rich Andrews (276) 23 Jun 2008 05:25 PM

Good point SueR. There are some differences within the States. However, organizations like Child Welfare League of America have been attempting to put pressure on law makers to make the child welfare laws more uniform in all 50 States. Also, federal funding can be a powerful incentive for the States to comply with any federal initiatives.

PDeverit (283) 07 Jul 2008 07:19 PM

A poll in Britain showed that 77% of parents would support a ban on physical punishment if it meant that parents wouldn't be arrested for "trivial smacks". The majority agree that hitting kids is wrong, but just don't want CPS to be overactive on them.