Page 1 of 2

Mom spanks child=felony in TX?

Posted: Sat Jun 18, 2011 8:20 pm
by mamabearCali
http://www.volunteertv.com/national/hea ... 72014.html" onclick="window.open(this.href);return false;

I realize this mom messed her self up by pleading guilty, but still it would be nice if judges wishing to be judges in the state of TX would familiarize themselves with TX state law on child abuse. Which states "
Abuse does not include reasonable discipline by a parent/guardian/managing or possessory conservator if child not exposed to substantial risk of harm. Family Code Sec. 261.001.[Ci.] Parent/stepparent/person standing in loco parentis to child is justified to use non-deadly force against a child under 18 when and to degree the actor reasonably believes necessary to discipline, or safeguard or promote child's welfare. Penal Sec. 9.61.[Cr.]" He should have thrown the case out, not accepted a guilty plea. :banghead:

For heavens sakes I thought yall still had paddling in schools--this judge wants to tell me that a paddling won't leave a "slight red mark" me thinks he has never given nor received a paddling. So the mom can't spank her child, but when the child is 10 and throws a tantrum in school and attacks a officer because they have had no discipline the officer will taze the child, throw them on the ground and cuff them. That is going to leave quite a bit more than a mark. This makes sense.

Tell me TX you are not going to re-elect this official who has not taken even three minutes to google "child dicipline laws in TX." :mad5

Re: Mom spanks child=felony in TX?

Posted: Sat Jun 18, 2011 8:25 pm
by Mr.ViperBoa
This is so ridiculous. When my kids need a good one, they get it. I cant believe she was actually quoted as saying "we don't spank our children anymore"
I think the problem with children these days is they don't get spankings when they need them.
:banghead:

Re: Mom spanks child=felony in TX?

Posted: Sat Jun 18, 2011 8:44 pm
by Oldgringo
Mr.ViperBoa wrote:This is so ridiculous. When my kids need a good one, they get it. I cant believe she was actually quoted as saying "we don't spank our children anymore"
I think the problem with children these days is they don't get spankings as often as they need them.
:banghead:
:iagree: ...and fixed that for us....

Re: Mom spanks child=felony in TX?

Posted: Sat Jun 18, 2011 9:11 pm
by The Mad Moderate
Oldgringo wrote:
Mr.ViperBoa wrote:This is so ridiculous. When my kids need a good one, they get it. I cant believe she was actually quoted as saying "we don't spank our children anymore"
I think the problem with children these days is they don't get spankings as often as they need them.
:banghead:
:iagree: ...and fixed that for us....
:iagree: I got plenty growing up, made me a better person.

Re: Mom spanks child=felony in TX?

Posted: Sat Jun 18, 2011 9:25 pm
by BrianSW99
I think she needed a better lawyer. I can't believe the DA actually accepted the charges and the grand jury indicted it.

Brian

Re: Mom spanks child=felony in TX?

Posted: Sat Jun 18, 2011 9:49 pm
by Charles L. Cotton
Not only is this an absurd case, it flies in the face of express language in the Texas Family Code. I hate to agree with former Rep. Al Edwards on anything, but he was right when he passed a bill to keep CPS and other state officials from interfering with families and parents who spank this kids. Her guilty plea was garbage and I'm sure she didn't have the money to fight. The DA should be invited to do something else for a living when he's up for re-election.

Chas.
Tex. Family Code ยง151.001(e) wrote:(e) Only the following persons may use corporal punishment for the reasonable discipline of a child:

(1) a parent or grandparent of the child;

(2) a stepparent of the child who has the duty of control and reasonable discipline of the child; and

(3) an individual who is a guardian of the child and who has the duty of control and reasonable discipline of the child.

Re: Mom spanks child=felony in TX?

Posted: Sat Jun 18, 2011 9:54 pm
by mamabearCali
My mom and dad toasted my tail when I earned it, and I am ever so thankful that they did. It was very loving of them to teach me how to be a decent human being when I was young so that I did not have to learn that one they hard way. This is a scripture from Proverbs, but I think it is applicable whether or not you believe in a higher power. "Do not withhold discipline from a child;if you punish them with the rod, they will not die.
Punish them with the rod and save them from death." Note you don't have to use a rod, put in switch/belt/spoon/hand. I love my children very much and whenever they need discipline, I give it because I love them.

Re: Mom spanks child=felony in TX?

Posted: Sat Jun 18, 2011 10:40 pm
by suthdj
Next will be a charge of family violence for spanking, as soon as the child calls police and says my mommy/daddy hit me and I am afraid. wait an see.

Re: Mom spanks child=felony in TX?

Posted: Sat Jun 18, 2011 11:37 pm
by texaspilgrim
I had 7 children and had to use a chair and whip or I would have been overpowered. :lol:

Re: Mom spanks child=felony in TX?

Posted: Sun Jun 19, 2011 10:11 am
by E.Marquez
My youngest Son just turned 18, he knows, today and for many years to come...if he were to get physical with his mother or I, he would end up on the ground restrained.
He had his hide tanned a time or two when younger, was not abuse, was not excessive and was not needed but a few times.... I was never mad or angry, I was deliberate in my actions.

I will suggest the same to him and his older brother when it comes time for them to deal with there kids.

Re: Mom spanks child=felony in TX?

Posted: Sun Jun 19, 2011 1:53 pm
by Heartland Patriot
Not sure if it was the right thing to do, but I was so irritated by this one, I emailed that judge. In the email, I took the time to place the text of the pertinent state code regarding this...and I courtesy copied the State Attorney General's office, for what little its worth. If you noticed, it was the child's PATERNAL grandmother who turned the mom in...probably just a mother-in-law not liking the daughter-in-law...sometimes, that happens...but that judge was WAY out of line. I wish that woman could/would appeal this one...I would be VERY unhappy to see precedence set with this sort of terrible call that this one judge made.

Re: Mom spanks child=felony in TX?

Posted: Sun Jun 19, 2011 2:30 pm
by WildBill
Heartland Patriot wrote:Not sure if it was the right thing to do, but I was so irritated by this one, I emailed that judge. In the email, I took the time to place the text of the pertinent state code regarding this...and I courtesy copied the State Attorney General's office, for what little its worth. If you noticed, it was the child's PATERNAL grandmother who turned the mom in...probably just a mother-in-law not liking the daughter-in-law...sometimes, that happens...but that judge was WAY out of line. I wish that woman could/would appeal this one...I would be VERY unhappy to see precedence set with this sort of terrible call that this one judge made.
Not that I don't agree with your opinion, but I don't think that your email will have any effect. The judge had to make the decision based upon the information presented in court. If she got another lawyer, the woman might have a chance to appeal based on the poor representation or incompetence of her previous lawyer.

Re: Mom spanks child=felony in TX?

Posted: Sun Jun 19, 2011 4:34 pm
by RPB
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.

Re: Mom spanks child=felony in TX?

Posted: Mon Jun 20, 2011 2:41 pm
by 74novaman
AndyC wrote:If more kids were spanked early, we'd have fewer felons.

IMHO.
I don't think it is necessarily the spanking itself, but having parents or a parent willing to do what is needed to guide their children down the right path (including punishing them for lying, stealing, etc) that keeps kids from going down the wrong path.

But yes, sometimes a good spanking is what's needed. ;-)