Basically, this means that the punishment must fit the crime. If the spanking or other method of corporal punishment is so extreme that the child is injured, you've probably violated the law. If a child requires hospital treatment and the medical personnel see evidence of physical contact, they'll report it. There is no law which spells out which body parts may and may not be legally spanked.
Maryland law Family Law Article, section defines child abuse as any act which causes physical or mental injury to a child or which creates substantial risk of injury. Since merely shaking a small child can cause brain injury, it would seem obvious that any hit to the head would be abusive, and therefore against the law.
A "spanking" can be very light, of very hard, and the force used may determine what is abusive. If a spanking results in bruises or red marks on the child, or goes on for a long time, it will be considered to be illegal child abuse. Once CPS is involved, they will begin an investigation, and it can be frightening for a family because CPS has a lot of authority and they will want to interview the child. They will then conduct their own investigation that has more civil consequences, but they also will work hand in hand with law enforcement.
Behavior that poses a risk to the physical well-being of a child is more obvious because circumstances like that would include more overt signs like not providing food, clothing, or shelter to the child. For example, when a person sees a scenario in which a child is underdeveloped as a result of lack of proper nutrition, dental issues, or other signs of neglect or abuse, that would be considered a threat to their physical well-being.
While a neglect resulting in a lack of physical well-being in a child is more obvious, mental injury can be less apparent.
Mental injury is when there has been substantial impairment to a minor in their ability to function. If a child has a mental health or psychological ailment and they have not received treatment and it affects their ability to function, that would be considered a mental injury.
Upon arrest, a person would be seen by a commissioner who would set a bond or might determine that the person could be released on their own recognizance and their case would then be scheduled for a trial date. Internationally, 43 countries ban spanking with Canada on the way to joining the list, as of earlier this year.
This is where the law becomes murkier. In 19 states, yes. The other 31 states have outlawed corporal punishment in the classroom for uses other than maintaining a safe environment. Being convicted of child abuse could lead to jail time, loss of custody of the child, a heavy fine, and more. As the controversy over football player Adrian Peterson shows, even if a parent believes his or her method of discipline is acceptable, the state may not agree your spouse might not either; disagreements around parenting are a major cause of divorce.
Get the best of ParentMap delivered right to your inbox. Erin Danly is a freelance writer specializing in digital content.
Before freelancing full time, she managed a lab in the Psychology Department at Columbia University in New York, which investigated human and nonhuman primate cognition. Pro- and anti-spanking advocates disagree about whether spanking is harmful or desirable, and whether it is an effective means of disciplining children.
Much scholarship has found that, for some children, corporal punishment has lasting negative effects including:. A conviction for assault, battery, or child abuse can have serious consequences. Depending on the circumstances, a conviction can result in time in prison or jail, a fine, probation, and counseling. If you are charged with a crime as a result of spanking your child, you should talk to a local criminal defense attorney.
An attorney can tell you what to expect in court, based on the charges, the law in your state, and the local judge and prosecutor. An attorney can help you understand your options and present the strongest defense in your case so that you can achieve the best possible outcome. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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