Corporal Punishment In contrast, basing the normativeness finding on the parents particular community would assure that the finding is consistent with the childs point of viewand thus a better predictor of functional impairmentbut only so long as the child is too young to be or does not choose to be a member of the broader community and a beneficiary of its different norms. So it can be difficult to say exactly where the one ends and the other begins, In 2004, the Canadian Supreme Court prohibited corporal punishment for children under the age of two or over the age of twelve. Studies have shown that lifetime prevalence of school corporal punishment was above 70% in Africa and Central America, past-year prevalence was above 60% in the WHO Regions of Eastern Mediterranean and South-East Asia, and past-week prevalence was above 40% in Africa and South-East Asia. Child Physical Abuse and Corporal Punishment. Both CPS and the courts ought to consider all relevant evidence as they make findings in individual cases, including but not limited to reliable scientific evidence. Each of these explanations has merit. For example, the North Carolina Court of Appeals held that bruises on a childs arm and upper buttocks lasting for several days were insufficient to establish that the child, who had been beaten with a belt, was abused. For example, a parent who [s]trik[es] a child six years of age or younger on the face or head or [i]nterfer[es] with a childs breathing, among other acts, has abused his or her child under the statute regardless of injury to the child.21, A few states define abuse to include only nonaccidental physical injuries that are serious. For example, Pennsylvania defines child abuse as [a]ny recent act or failure to act which causes non-accidental serious physical injury to a child under 18 years of age or which creates an imminent risk of serious physical injury to a child under 18 years of age.22 The statute further defines serious physical injury to mean an injury that causes a child severe pain; or significantly impairs a childs physical functioning, either temporarily or permanently.23 North Carolina also employs the language serious physical injury.24, Although state statutory definitions of physical abuse are similar in that they emphasize harm to the child or nonaccidental physical injury, minor variations among definitions exist. Even if the right were based in the Federal Constitution, however, community norms would likely continue to govern its scope. Corporal Punishment and the Cultural Defense. Basing decisionmaking about the reasonableness of corporal punishment on a combination of parental-autonomy norms and scientific evidence about harm, as this functional-impairment test would do, is not new. Dodge Kenneth. Rev. Long-term follow-ups of children found by CPS to have been maltreated indicate that they are likely to suffer a variety of functional impairments, including an increased tendency to commit violent crime, to abuse alcohol and drugs, to acquire sexually transmitted diseases, to suffer from depression, and to victimize their own children.186 Although these studies bring the certainty that comes with identifying and following children whose physical abuse has been officially substantiated, they are complicated by the problem that the interventions accompanying official substantiation (such as removal from the home and labeling the child as abused) might be the actual adverse causal agent rather than the abuse per se. Part 1: Spanking - The Virtuous Violence has four chapters that discuss corporal punishment, attitudes towards corporal punishment, hitting adolescents, and cultural norms and attitudes towards corporal punishment. Many CPS professionals are not aware of or else reject this balancing test. This, in turn, should result in more consistent case outcomes as well as fewer false-positive and false-negative findings of maltreatment. External considerations include factors that may be part of other protocols inapplicable to the threshold maltreatment assessment, community norms, and personal histories, training, and ideology. Consistent with this consensus, all states laws permit the use of reasonable corporal punishment;1 simultaneously, they all prohibit nonaccidentally inflicted serious injury. Finally, although lists of illustrative violations in statutory definitions and CPS protocols may help to reduce parents and reporters concerns about the breadth and vagueness of typical child-abuse definitions, the listed behaviors do not necessarily correspond with harm or functional impairment. First, a spanking administered against a young child or a child with physical disabilities may cause a more-serious physical injury and more-serious long-term consequences to emotional development than the same spanking administered against an older or physically healthy child.101 In this sense, the age and condition of a child is simply part of a courts consideration of the degree and severity of the childs injury. (June 22, 2009) (on file with L & CP); interview by Kenneth A. This study found that in both cohorts, chronic mild spanking in children from ages five to nine led to increased antisocial behavior problems in adolescence.174 It must be noted that the children who suffered these outcomes were regularly spanked mildly over a long period of time, which was not the case in other studies where the child subjects experienced mild spanking very infrequently.175 The best scientific evidence thus indicates that the impact of regular mild spanking on a child aged one to nine appears, on average, to be significantly adverse but modest in magnitude.176 In general, children who have been regularly, mildly corporally punished by parents are likely to become less cognitively skilled and more aggressive over time and to use aggression in solving future problems, including in raising their children; rarely, however, do they become criminally violent as a result of mild corporal punishment alone.177. WebCorporal punishment (CP) is a form of discipline often de- fined as the use of physical force with the intention of causing a child to experience pain, but not injury, for the For example, a parent may choose to use a spoon or another object to administer a spanking because doing so makes it less likely that their children will perceive hitting with hands as an acceptable way to solve problems.107 Some courts also infer something about the parents motive or intent from the parents choice of disciplinary method.
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