A Population-Based Comparison of Clinical and Outcome Characteristics of Young Children With Serious Inflicted and Noninflicted Traumatic Brain Injury. Specifically, it proposes the adoption of a standard for reasonable corporal punishment that requires both a reasonable disciplinary motive and reasonable force, and it defines reasonableness according to both normative understandings and scientific evidence of capacity and functional impairment. Consistent with this argument, policy reforms that can ameliorate the three negative effects targeted by this articlethe failure of existing law to satisfy its expressive function, inconsistent outcomes, and a risk of false-positive and false-negative findings of maltreatmentinclude changes to the structure of some child-abuse statutes and clarification of their included terms. Child Welfare Information Gateway, Definitions of Child Abuse and Neglect. 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. Rather, we encourage their treatment as potentially contributing to rather than as automatically dispositive of the line between reasonable corporal punishment and abuse. American Academy of Pediatrics, Committee on Child Abuse and Neglect. This single rule, in turn, would potentially reduce the number of incidents in which children were injured in the disciplinary setting and, correspondingly, the number of interventions by the state in the family. Likewise, despite Iowas lack of a statutory exception for reasonable physical discipline, the states Supreme Court recognized that [t]he law clearly gives parents who are so inclined the right to inflict reasonable corporal punishment in connection with the rearing of their children.. Only a handful of the cases reviewed contained any references to emotional or developmental effects. Further, cultural norms have changed across generations. Dr. Stacey Patton, a former foster youth and child abuse survivor, delivers antispanking workshops across the country and has authored the book, Spare the Kids Why Whupping Children Won't Save Black America. Before As a theoretical matter, this standard reflects appropriate recognition of the societal significance of parental rights and responsibilities and permits intervention in the family only when there is evidence of important physical, emotional, or developmental harm to the child. WebThe United Nations Committee on the Rights of the Child defines corporal or physical punishment as any punishment in which physical force is used and intended to cause (June 23, 2009) (on file with L & CP); telephone interview by Erin Vernon with a county CPS supervisor, Dallas County, Or. Trial-court involvement in the CPS process is routine, thus establishing trial-court judges as critical players of the law as it is practiced on the ground. Careers, Unable to load your collection due to an error. Soc Dom Abuse Chapter 4: Child Physical Abuse - Quizlet This includes but is not limited to freedom from corporal punishment, involuntary seclusion and any physical or chemical restraint not required to treat the resident's medical symptoms. Annual Risk of Death Resulting From Short Falls Among Young Children: Less Than I in I Million. Abuse and Neglect: The Educators Guide to The Identification and Prevention of Child Maltreatment. Part III.B elaborates on the contexts that cause children to suffer functional impairments. Parents and lay reporters typically operate on a know it when you see it basis, whereas CPS professionals and courts are somewhat, but not ever entirely, constrained in this exercise by the norms of their respective disciplines, social work, and law. the contents by NLM or the National Institutes of Health. 39.01(2) (West 2003 & Supp. These considerations may be in direct contravention of the protocols, or they may simply supplement formal assessment criteria as social workers exercise their remaining discretion. Because corporal punishment is so frequently justified by referring to religious teachings and values, a discussion of those religious teachings and values is needed. It is of interest that there seems not to be as much emphasis on these use of the rod passages as justification for corporal punishment in the Jewish tradition which gave us these Proverbs. [7] Since Blackstones time, the parental discipline privilege has condoned parental assault on children in the name of discipline. Dodge and Doriane Lambelet Coleman with a county CPS supervisor, Durham County, N.C. (Feb. 16, 2009) (on file with L & CP); interview by Kenneth A.
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