When Does Discipline Become Abuse?

Discipline is one of parenting’s biggest challenges. As time passes, more parents have rejected physical punishments in favor of other methods of discipline. Yet some families continue to use spanking and other forms of physical discipline. Lawyers call discipline that involves hitting a child corporal punishment.

Generally, the law allows parents to choose how they discipline their children. However, serious issues can arise under both civil and criminal law if a parent’s actions rise to the level of child abuse rather than discipline. But when does a punishment cross that line? This article will answer this and other questions about parental discipline. However, if you or someone you know is facing a criminal child abuse allegation, you should contact a criminal defense attorney immediately.

Is Corporal Punishment Legal?

The Centers for Disease Control (CDC) defines child abuse as “the intentional use of physical force that can result in physical injury.” While each state has its own definition of child abuse, most are similar to the CDC’s version.

Because physical abuse happens whenever an adult intentionally uses physical force against a child, technically, any intentional striking of a child, even a spanking, is abuse. But this is not the case. Many state child abuse laws include exceptions for corporal punishment. In states where the law doesn’t include an exception, state courts have ruled that parents can use corporal punishment.

Bottom line: Corporal punishment is legal in all 50 states.

What Do State Laws Say About Corporal Punishment?

Although corporal punishment is legal, there are limits. Most states say that corporal punishment is legal as long as it is “reasonable” or not “excessive.” But what do these words mean?

Some state laws give examples of unreasonable discipline. For example, Arkansas’s law states that actions such as shaking a child under age three or interfering with a child’s breathing constitute abuse. Washington’s statute mentions “throwing, kicking, burning, or cutting a child.”

State court decisions also provide guidance about the line between discipline and abuse. Factors courts look at include:

• The severity of the injury: Discipline that causes brief pain is usually reasonable, but courts look harshly upon “punishments” that require extensive medical treatment, cause disfigurement, or affect a child’s ability to move.
• The manner of discipline: Courts consider the amount of force, the number of blows, and whether the parent used an open hand or an object.
• The age of the child: What is appropriate for a school-aged child might not be for an infant.
• The parent’s motivation: Is the parent responding to a child’s misbehavior or simply being cruel?
• Emotional harm: Some courts consider the impact of physical discipline on the child’s emotional well-being and mental health.

Do Certain Forms of Discipline Cross the Line?

Parents and caregivers might wonder whether or when a specific method of discipline could be considered abuse. For example:

• Is slapping child abuse?
• Is spanking with an open hand child abuse?
• Is using an object (e.g., belt, paddle, etc.) during a spanking child abuse?
• Does leaving marks turn discipline into child abuse?

Unfortunately, there are no easy answers to these questions. Courts use guidelines, but they also look at every case individually. There have been cases where slaps and open-handed spankings have been found to be abusive. Courts take marks and bruises very seriously, but abuse can be found without them. Some courts have found that a parent’s use of a belt was abuse while others have reached different conclusions. Truly, every case is different.

Courts sometimes find abuse in seemingly moderate cases due to the family’s history. Factors such as prior reports of child abuse, alcoholism, substance abuse, or domestic violence can sway a court’s view of the facts.

Because there are few hard-and-fast rules, courts can look at similar conduct and reach different outcomes. As such, parents should understand that any use of physical discipline carries a risk.

What Happens to Parents Accused of Child Abuse?

Using corporal punishment can cause serious legal issues.

Normally, when a teacher, doctor, or other concerned adult notices evidence of abuse, they report it to the local child protective services office. That agency then investigates. If the agency discovers evidence of abuse, it brings its findings to family court. If the judge agrees with the agency, it can order that the abused child and any other children be removed from the home temporarily or permanently. It can take months or years to get children back. In severe cases, the court might terminate your parental rights.

You can also lose your freedom if convicted of child abuse. People who suspect abuse sometimes call the police first, and child protection agencies often refer cases to law enforcement. In serious cases, you could face criminal child abuse charges. If convicted, you can face years in jail in addition to fighting for your parental rights.

What Are Some Alternatives to Physical Discipline?

Experts agree that corporal punishment causes major problems. The World Health Organization notes that corporal punishment increases the chances that a child will experience issues such as low self-esteem, self-harm, substance abuse issues, suicide attempts, and more. The American Academy of Pediatrics notes that in addition to exposing children to these risks, corporal punishment isn’t even an effective form of discipline.

If you’re looking to address a child’s behavior without using physical force, you might consider:

• Using a “time-out” combined with reflection
• Taking away toys or privileges
• Pointing out the logical or natural consequences of the child’s behavior

Experiment with these and other effective discipline alternatives until you find one that works for your family.

Get Answers to Questions on Parental Discipline

It can be difficult to find the line between discipline and child abuse. Discovering the answers to questions about parental discipline requires an in-depth knowledge of the law. If you have questions about discipline or are facing child abuse allegations, you need legal help. Find a criminal defense attorney near you to answer your questions and protect your rights.