Wednesday, October 9, 2013

Abuse: Court rules parents have right to spank child for discipline

SFGATE    Santa Clara County woman who spanked her 12-year-old daughter in the rear with a wooden spoon should not have been labeled a child abuser, said a state appeals court Tuesday, ruling that social workers and judges must consider a parent's right to impose "reasonable discipline" on a child.

The Sixth District Court of Appeal in San Jose stopped short of deciding whether Veronica Gonzalez had acted reasonably and legally when she swatted her daughter several times in 2010, hard enough to leave bruises, after the child stopped doing most of her schoolwork and lied to her parents.

But the court said the Santa Clara County Department of Social Services had violated Gonzalez's rights by disregarding parents' authority to discipline their children and refusing to allow testimony by the daughter, who disputed many of the social worker's accusations against her mother. The court said the department must either hold a new hearing or dismiss the case.

Neither the department nor the Superior Court judge who upheld its finding that Gonzalez had abused her daughter gave "any weight to the right of a parent to impose reasonable discipline on his or her child," Presiding Justice Conrad Rushing said in the 3-0 ruling, published as a precedent for trial courts statewide.

Although beating a child may amount to abuse, Rushing said, it depends on the circumstances, including whether the parent intended to inflict bruises. No evidence was introduced showing that Gonzalez intended her daughter to be bruised, Rushing said.[...]

10 comments :

  1. What a surprise. Now we know why kids have no respect for authority and no manners. No discipline means 'I can do whatever I want with no repercussions". And sitting in the naughty corner doesn't always work. (My 17 year old just plays on her ipad in the naughty corner and doesn't mind at all :)

    ReplyDelete
  2. I agree that no discipline sends bad message to kids; however, why is discipline so often equated with spanking and other forms of physical punishment? There are many way to discipline kids and not all of them have this punitive element in them and most don't include physical punishment. Those who believe that without spanking they have no tools to discipline children need to expand their parenting skills.

    And while I personally don't think that spanking always equates abuse, generally speaking leaving bruises is an indication that the mother went overboard with her punishment. One has to strike pretty hard to bruise buttocks and that is abusive. Also - spanking 12 year old?

    ReplyDelete
    Replies
    1. they tried non-violent techniques - but they didn't work

      Delete
    2. spanking is not violent kids see more violence on tv

      Delete
    3. Spanking that causes bruising is violence. You can call it justified violence, but it violence nonetheless.

      Delete
  3. Tanach itself says, and Shulchan Aruch paskens halacha l'maaisa, that a parent should use corporal punishment with his children.

    The Torah has harsh words for those that refrain.

    ReplyDelete
    Replies
    1. there are harsh consequences for children who are not taught to behave

      Delete
    2. Please indicate you sources

      Delete
    3. There are rabbonim that do not agree with this statement, for example Rav Wolbe.

      Delete
  4. come on people only you know what works for your child. 2 things you never do 1. you do not lie to your children. ever. 2. if you are out of line with them tell them your sorry. there is no shame in admitting to your children when you are wrong. we as parents tend to fly off the handle and over react. I am raising a teenager. we still have a great relationship and he listens to me because he knows I will follow through with him and he knows what is expected from him and above all he knows I love him.

    ReplyDelete

ANONYMOUS COMMENTS WILL NOT BE POSTED!
please use either your real name or a pseudonym.