There has never been an agreement about what should make up child discipline or abuse. Debatewise, for instance, has this debate about what qualifies as corporal punishment. What a particular family may view as child abuse, another might call disciplinary measures.
However, individuals and families don’t set the standard. Instead, everyone must act based on the set standard!
Do you want to be sure about the bar? You must check what the law says about specific instances.
Through the Child Abuse Prevention and Treatment Act (CAPTA), the federal government in the United States provides the minimum regulations. Though it’s minimal for states to follow, state governments can build on these laws.
Do you think “disciplining your child” with a belt should be alright? Your stance on discipline might not matter at some point. If any of your actions go beyond the rules of the law, it’s an outright offense.
In this article, I’d answer most of the questions you may have about what entails providing discipline for your child. As well as what child abuse is.
Sometimes, the things you think would be an outright offense are lawful. For instance, beating your child with a belt isn’t an offense in most United States local county, state, and federal laws.
According to the Texas laws, “reasonable discipline” is acceptable provided you don’t leave “the child exposed to much harm.” The Texas Family Code 261.001(1)(c) defines child abuse in part as “physical injury that results in significant harm to the child. Excluding reasonable discipline by a parent, guardian, managing or possessory conservator that doesn’t expose the child to a “substantial risk of harm.”
The provisions of this law might leave you wondering, what makes up “reasonable discipline?” Or, put differently, is beating a child with a belt part of reasonable discipline? Also, how do you define “substantial harm to the child?”
In the Texas Administrative Code, substantial harm includes real and significant physical injury or damage to the child. That includes, but is not limited to, bruises, cuts, welts, skull, or other bone fractures. Plus brain damage, subdural hematoma, internal injuries, burns, scalds, wounds, poisoning, sprains, human bites, concussions, and dislocations.
The Texas law, for instance, and in some states, you can beat a child with a belt provided no substantial harm occurs. With parents’ consent, many schools even let their personnel give “reasonable discipline,” or better put–spank a child.
The Texas Family code 151.001(e) allows parents, step-parents, grandparents, or guardians to give reasonable discipline to a child. You must be careful because there’s a thin line between providing reasonable discipline to a child and committing a criminal offense.
It’s easy for some children to sustain physical bruises from very slight physical contact. If you get angry at a child, using physical force as a disciplinary measure wouldn’t be the best immediate approach. Especially not with an object.
But when the child in your care sustains significant bodily cuts, what do you do? You’re likely in no trouble if the child doesn’t sustain any injury.
Corperal punishment can quickly turn to child abuse
Contents
What Happens if You’re Accused of Hitting a Child?
First, Understand that if you’re guilty of the crime after you’re accused, you can lose custody of your child or even go to jail. The good thing is that you can’t go to jail based on a mere accusation. An accusation isn’t a sentence.
So after you’ve been accused, the police will step in to conduct their investigations. It may include physically examining the child and asking you and the child questions.
Often, officers will let you go if your answers check out correctly with the child. And the child has no physical marks that’ll put you in trouble. Investigations might also include the police monitoring your activities for some time, especially around children.
How Do You Prove Your Innocence When Accused?
You must understand that not every parent has the best interest of their child/children at heart. Also, some are ignorant of how to train their children.
That’s why laws have been established regarding correcting a child. Here are the things you should do to prove your innocence when accused;
Your Innocence Isn’t Enough
Don’t join the people who frequently believe that false, ridiculous accusations of child abuse are just a misunderstanding. And that they can easily resolve such issues when they face a case of child abuse.
People who feel accusations of child abuse are light sometimes don’t see the need to hire a lawyer. You must consider the accusations seriously and make strategic plans to prove your innocence.
Hire the Best Attorney
The next thing is to start doing everything possible to get the best attorney. Find an expert attorney with successive success records in similar cases. You must be sure this expert attorney has your best interests at heart.
Guard Your Mouth & Movements
Be mindful that investigations are ongoing. Therefore you must watch what you say and do till you’re proved innocent. Don’t give out information that further complicates things, except if your attorney says otherwise.
Be Your Investigator
Engage in your defense as you would in any court case. Have a personal record of every form of action involved directly or indirectly with the case. Get everything you can about your actions and that of the victim and your accusers.
Take careful notes on everything that occurs. Maintain a file containing official documents and a precise chronology. Read as much as possible about others falsely accused in the past and how they came out of it.
Get All Support You Need
Friends, family, and loved ones are useful in trials and sorrow. Reach out with open arms to as many people as you trust for support. That’s one of the best ways to stay sane while going through this phase of your life.
Never give up.
It’s understandable to feel down, overburdened, and like giving up in situations like this. However, don’t let that be you. Keep your sense of humor and sanity as intact as you can.
Many people falsely accused always bounce back from the ordeal and resume leading their fulfilling lives. You won’t be an exception!
Is smacking your kid illegal?
It’s hard to prove that smacking a kid is reasonable. The reason is that everything involved with smacking almost always ends with the victim getting a physical injury.
However, if your smacking doesn’t give the kid any form of physical injury, you’re free. But to be safe, avoid smacking your kid regardless of the offense. Inplace of smacking a kid, health experts recommend that parents adopt other forms of punishment.
Inflicting physical injuries on a kid puts you at a higher risk of getting arrested. Also, the Child Protection Proceedings (CPP) can be called to investigate your actions. And when the CPP takes over, you may lose custody of your child.
Medical experts have listed some of the negative effects of spanking on children, including:
- Antisocial behavior.
- Low self-esteem.
- Negativity in the parent-child relationship.
- Increased aggressive behavior.
- Mental health problems.
These effects have the likelihood of growing with the child to adulthood.
Is it Illegal Hitting your Child with an Object?
Using any object to hit a child, which ranges from metal, whip, or wire, is a sin in the court of law. Most times, hitting someone happens when the hitter is angry, and they express their anger by using an object to hit.
Physical damage ranges from the child getting a black eye, multiple bruises, minor fractures, broken nose.
Yes, it’s illegal to hit your child with any object, no matter how small. And any parent found guilty of hitting their child. To the point that their child gets any physical injuries, they risk getting prosecuted.
There are several constructive measures to correct a child. It doesn’t have to get physical. Instead of hurting yourself and your child as a means of correcting the child, it’s more beneficial to adopt other corrective measures. Please desist from getting physical by using objects on your kid.
Physical aggression isn’t the best form of discipline
Is it Illegal for a Parent to slap their child in the Face?
For most of Europe and North America, especially in Canada, slapping your child across the Face is criminal.
The Canadian Supreme Court says it’s against the law to strike your child in the Face. The Canadian Supreme Court issued that parents may not physically restrain their children unless they are certain that doing so will discipline them.
However, they emphasize it’s against the law to strike your child in the Face. The last thing you and I want is to be at the risk of going to jail for a minor and avoidable offense, such as slapping.
Can Parent Go to Jail for Hitting a Child?
Yes, you can go to jail for hitting a child, your child, or someone else’s child. But often, if you don’t inflict a physical injury on the child, you may not end up not going to jail. However, it’s not an encouragement to go ahead to do that.
In instances of physical injury, understand that being arrested and being presented with the possibility of going to jail doesn’t mean life imprisonment. You’ll have the opportunity of defending yourself in court.
In the end, the gravity of the physical effect of the hitting determines your jail terms. Jail terms include paying a fine, getting probation, plus going to jail for a couple of days, months, or years. Here, hiring a competent lawyer plays a significant role as well.
Should Parent Hit their Teenagers?
As parents or guardians of a child, understanding that the debate about whether hitting a child is good should not preoccupy your mind. If your child commits an offense requiring discipline, your best approach is to adopt any other form of discipline that doesn’t involve physical infliction of pain.
One of the medically prescribed approaches is dialogue. When you continually have talks with your children, it’ll help instill confidence in them and to correct their wrongdoings. In a dialogue, you’ll find out why your kids are doing what they’re doing and the best way to put them in the right.
Also, when you don’t beat your children and those under your care, you’re equally teaching them not to get physical with people when they have disagreements.
Hitting children can impact negatively on them
You’re Their Role Model
Child Law Advice says that the number one way to correct a teenager is by setting a positive example. If there are any activities you don’t want them to try, make sure you refrain from doing them yourself.
Parents are the first role model for their children. From toddlers, they watch what their parents do and believe that’s the right way to do things. Therefore, your children will automatically imitate whatever you do, good or bad.
Appreciation and Correction Goes Hand in Hand
Ensure you commend them for their positive behavior. Commending someone for a job well done is the best way to encourage more positivity from the person. So celebrate them always when they behave well.
Don’t be critical; correct your teenager in a kind manner. When they err, correct them by calling out their poor behavior rather than making them appear to be the issue.
Rules Should be Realistic and Flexible
Establish boundaries and straightforward guidelines that aren’t unreasonable or unrealistic. Make them understand your reasons for setting up each rule and the consequences of disobeying those rules. Also, it would be best to use humor when reprimanding your kid.
Sources:
Debate Wise: Corporal Punishment Should Be Reintroduced
Texas Family Code: TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP
SUBTITLE E. PROTECTION OF THE CHILD
Texas Family Code: TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
National Library of Medicine: Physical punishment of children: lessons from 20 years of research
State of Connecticut, Judicial Branch: ACCESS TO INFORMATION IN JUVENILE COURT PROCEEDINGS
Government of Canada: Criminal Law and Managing Children’s Behaviour