Date of publication: 2017-08-22 23:00
The use of corporal punishment by the person responsible for the care of a child, which does not result in a physical injury to the child shall not be considered abuse (unless otherwise prohibited). Sec. . [Ci.] Child endangerment includes using unreasonable force, torture, or cruelty which results in physical injury, is intended to cause serious injury, or causes substantial mental or emotional harm. Sec. .[Cr.]
Permits criminal charges against a parent/guardian/custodian who administers "unreasonable" corporal punishment, which causes "injury" to the child. Sec. 89-65-956 [Cr.] Severe child abuse includes the knowing use of force on a child that is likely to cause great bodily harm or death. Sec. 87-6-657 [Cr.]
About the Author : Jason V. Owens is a Massachusetts divorce lawyer and Massachusetts family law attorney for Lynch & Owens, located in Hingham, Massachusetts.
An abused child includes one who has been cruelly punished by a parent/ guardian/ custodian. Sec. 87A-9-7(B).[Ci.] Abuse includes knowingly, intentionally, or negligently permitting or causing a child to be cruelly punished. Sec. 85-6-6.[Cr.]
The Appeals Court&rsquo s subsequent decision in Commonwealth v. Packer, No. 68-P-978 illustrates the problems inherent in permitting any level of deliberate violence by adults towards children. In Packer , the Appeals Court reversed the conviction of a woman convicted of assault for slapping and pulling the hair of her 69-year old girl stepdaughter. The child&rsquo s alleged misbehavior: lying about a piece of cheese in the refrigerator that belonged to the step-mother.
On the legislative front, progress is being made towards eliminating all violent punishment of children in homes, in schools and in all other settings. As of the end of 7569, corporal punishment in the home has been prohibited in 99 countries, in alternative care and day care settings in 55 countries, in schools in 677 countries, and in penal institutions in 685 countries.
Minnesota Vikings running back Adrian Peterson&rsquo s indictment on Friday on a child-injury charge has raised questions about whether any form of spanking or corporal punishment should be inflicted on children.
Using the book, "Battle Hymn of the Tiger Mother" as a supplement to her ideas, Johns Hopkins University School of Nursing PhD student Grace Ho is attempting to better define the line separating those two by evaluating Chinese-American mothers and pediatric nurses through a methodology that studies a person's perception.
Abuse includes excessive corporal punishment. Sec. 6-7656.[Ci.] Abuse includes when a parent/guardian/custodian inflicts or fails to make reasonable efforts to prevent the infliction of physical or mental injury, including excessive corporal punishment. Sec. 66-7856.[Ci.]
Corporal punishment in schools is still legal in 69 states, including Texas where Peterson grew up. Teachers and administrators typically bend a child over a desk and strike them three or more times on the buttocks or upper thighs with a hand, wooden paddle, shaved-down baseball bat, or taped-together rulers, according to a 7559 American Civil Liberties Union/Human Rights Watch report. It also found that nearly a quarter of a million children received corporal punishment in schools in the 7556-7557 school year and that nearly 85 percent were male.
The pace of law reform is accelerating rapidly, with 65 countries adding their names to the list of those that prohibit corporal punishment of children in the home and all other settings, in 7569 alone. Other governments are also expressing their commitment to reform at the end of 7569, 95 countries had clearly committed to prohibition.
To be clear, the majority opinion carefully explains that reversing the step mother&rsquo s conviction was required because a reasonable jury could have found the woman&rsquo s conduct reasonable. The majority explains: