Search found 1 match

by RPB
Sun Jun 19, 2011 4:34 pm
Forum: Off-Topic
Topic: Mom spanks child=felony in TX?
Replies: 25
Views: 3480

Re: Mom spanks child=felony in TX?

Few years ago my niece said to her parents "You can't spank me, I'll call the police"
Next time she came to my house, I said the oldest person I've spanked was 25 years old, so you're not too old, and here, read these 2 articles real quick...

Granted, I'm not one of those listed by the family code as having authority to spank her ... but I told her that since her parents had me watching her while they were away, that even though I'm not a court-appointed "guardian"I was acting In Loco Parentis (as a loco parent ... and she figured I could be pretty loco ...) :mrgreen: (The term in loco parentis, Latin for "in the place of a parent" or "instead of a parent,")

Never had to spank her ... ;-)


2 articles/ one from Attorney General
http://www.woai.com/content/troubleshoo ... oHuqw.cspx" onclick="window.open(this.href);return false;
To spank or not to spank: What does Texas law say?
the A.G.'s office says an open hand, belts and hair brushes are not likely to be considered abusive when used for spanking. But things like electrical cords, boards, sticks, ropes or shoes are likely to be
and

https://www.oag.state.tx.us/ag_publicat ... use2.shtml" onclick="window.open(this.href);return false;
Is spanking okay?

Texas law allows the use of force, but not deadly force, against a child by the child's parent, guardian, or other person who is acting in loco parentis. Most parents do, in fact, use corporal punishment (in the form of spanking) at least occasionally, and most do not, in fact, consider it abusive. Experts disagree about the advisability of ever spanking a child. Some say that, combined with other methods of discipline, mild spanking of a small child is harmless and effective. Others claim that other methods of discipline work as well as spanking or better, and that spanking is not necessary. Many child advocates and experts in child development contend that all forms of corporal punishment, including spanking, are harmful. Most believe that spanking an infant is always inappropriate. The law does not attempt to arbitrate between the different views on the best method of disciplining a child. What we do know is that severe corporal punishment can be extremely damaging and dangerous, and this is what the law prohibits as abuse.

When is discipline abusive?

Some parents who become abusive believe that what they are doing is in the best interest of the child and are confused about when an attempt at discipline crosses the line and becomes abuse. Whether an action is abusive really depends on the circumstances of the individual case. However, the following guidelines may help:

* Striking a child above the waist is more likely to be considered abusive; disciplinary spanking is usually confined to the buttocks.

* Spanking with the bare, open hand is least likely to be abusive; the use of an instrument is cause for concern. Belts and hair brushes are accepted by many as legitimate disciplinary "tools," and their use is not likely to be considered abusive, as long as injury does not occur. Electrical or phone cords, boards, yardsticks, ropes, shoes, and wires are likely to be considered instruments of abuse.

* It is best not to hit a child in anger. Abusive punishment is most likely to occur when the parent is out of control.

* Finally, and most important, punishment is abusive if it causes injury. A blow that causes a red mark that fades in an hour is not likely to be judged abusive. On the other hand, a blow that leaves a bruise, welt, or swelling, or requires medical attention, probably would be judged abusive.

Another abusive form of discipline that does not involve hitting is severe isolation or confinement of a child. Many parents use "time out," loss of privilege, or confinement to a special area as a punishment or as a time for the child to reconsider his or her choices. But when the child is tied up, gagged, locked in a closet, shut out, starved, or otherwise seriously deprived, the punishment is excessive and may constitute abuse.

Return to “Mom spanks child=felony in TX?”