The Fine Line Between Discipline and Abuse
In parenting, a frequently controversial topics is whether to spank, or not to spank. Most everyone is familiar with some version of Proverbs 13:24, which reads, “he that spareth his rod hateth his son: but he that loveth him chasteneth him betimes.” For many of us, big trouble when we were growing up meant a spanking. It may have been “au naturel,” or with a belt, kitchen implements, or a switch from a tree (that you were made to pick yourself!). However, what was probably the norm in child discipline a generation or two ago may now be considered child abuse according to California law.
Did You Know…? In 2008, 20% (nearly 5,500) of child protective services (CPS) referrals in San Bernardino County alleged physical abuse.
Reports of physical abuse are investigated separately by CPS and law enforcement.
CPS determines whether a child has been physically abused according to California’s Welfare & Institutions Code (W&I). According to W&I 300(a), physical abuse is “serious physical harm inflicted nonaccidentally… not includ[ing] reasonable and age-appropriate spanking to the buttocks.” W&I 300(e) further distinguishes “severe physical abuse” to children aged 5 and younger. Consequences of being found to have perpetrated physical abuse by CPS can range from being referred to parenting or counseling services to the child(ren) being removed from the home and custody of the parent(s).
Law enforcement determines whether abuse has occurred according to California’s Penal Code (PC). PC 273a addresses the infliction of “unjustifiable physical pain” on a child, and PC 273d addresses “cruel or inhuman corporal punishment,” but neither specifies exactly what actions are considered violations. This means that there is significant subjectivity involved in determining whether abuse has or has not occurred. Consequences of being found guilty of perpetrating “inhuman corporal punishment” or physical abuse of a child may include fines up to $6000 and/or prison terms of up to six years.
While the results of physical discipline may be immediately effective, the many risks and possible consequences associated with corporal punishment are such that it is not recommended for behavioral correction. Discipline usually occurs when the parent or caregiver is angry, which can affect self-control. Using an object may increase the risk of injury to a child because there is no sensory connection to the act of spanking. Further, there is a substantial body of research that links physical punishment to an increase in aggressiveness and other behavioral issues. The laws addressing physical abuse leave substantial room for interpretation, and the possible penalties are severe.
For further information on the difference between discipline and physical abuse, I highly recommend the U.S. Department of Health & Human Services’ Child Welfare Information Gateway page on the topic at: http://www.childwelfare.gov/can/defining/disc_abuse.cfm.
In the next column, we will look at some alternatives to spanking as a way of disciplining children. Until then, here’s to the health and happiness of you and your family!
