Corporal punishment is often a controversial topic in child rearing; some parents swear by its efficacy, while others condemn it entirely. When Child Protective Services (CPS) comes into the picture, though, your view doesn’t matter. What does matter is how CPS views it and if your view and that of CPS are in conflict, potential consequences can be severe. Taking this into account, what does the research show, what doesn’t it show, what are your rights and how can you avoid running afoul of CPS based on how you choose to discipline your child(ren)?
The research on corporal punishment is fairly clear: use of corporal punishment is associated with negative outcomes such as, aggressive and violent behavior, physical and psychological difficulties, reduced chances of success and higher incidence of law enforcement involvement and incarceration are well established. While the current body of research is clear in the negative effects of corporal punishment, there may be potential benefits to corporal punishment beyond the abilities of the research to detect.
However, in a naturalistic environment, it is difficult to control for the exact frequency, duration, force, emotional state and implement(s) used that might result in using corporal punishment to some benefit. Therefore, it is highly unlikely the research will ever reveal corporal punishment to be beneficial in any form and makes it particularly risky as a punishment tactic for a child. Regardless, the laws in each state define the line at which corporal punishment becomes an actionable safety concern to CPS. While it’s more clearly defined than most CPS-related terms, it is still somewhat left up to interpretation, which can make it tricky to navigate.
While laws regarding corporal punishment in the United States as they apply to parents, legal guardians or other Persons Legally Responsible (PLRs) vary from state to state, they generally agree that corporal punishment is considered abusive if it results in marks or bruises; if it does not, corporal punishment is allowed at the parent’s or other PLR’s discretion. The only exception is Delaware, which outlawed corporal punishment of any kind on minor children in 2012. In Delaware, if you spank or otherwise use corporal punishment on your child(ren), CPS can and likely will substantiate a case against you and in some cases, you may be criminally prosecuted, as well.
For families residing in the state of Delaware, use of corporal punishment of any kind is not recommended, as they have the strongest criminal and civil penalties of any state for corporal punishment of any kind. For families residing in states other than Delaware, use of corporal punishment is legally left to your discretion as long as you don’t leave any marks or bruises resulting from it. However, marks or bruises for which there is not an immediate and reasonable explanation may be reported to CPS and result in an investigation. If you use corporal punishment and there are marks or bruises that are not otherwise explained to CPS’ satisfaction, it may result in a substantiated case and if they appear severe enough, removal is possible. It’s important to keep in mind that CPS tends to substantiate minor allegations, so it’s not unreasonable to assume there is high risk of this outcome in cases where the cause of marks or bruises may be not be entirely clear.
In states other than Delaware, corporal punishment is not also likely to be a criminal matter if it is not defined as severe physical abuse or assault. Therefore, if you do use corporal punishment, you should ensure it is not severe enough to leave any marks or bruises and document each instance with date, time, description of offense and aftercare provided and maintain that record. It also couldn’t hurt to have a friend or family member who has witnessed you administering corporal punishment and can speak to the safety measures you have in place, as well as your emotional state.
Corporal punishment is a difficult subject to address and even more difficult to legislate. Not only is it the use of physical force on a child, it is the norm in many cultures. As a country with many immigrants with their own customs, it may be easy for them to get in trouble with CPS for their disciplinary practices without realizing it. Therefore, the potential consequences of CPS involvement and corporal punishment are so great that understanding how CPS assesses corporal punishment before it’s too late is crucial for all parents and other PLRs. While CPSprotect Consulting Services does not condone the use of corporal punishment, we do recognize the right parents have to raise their child(ren) as they see fit and that no child comes with an instruction manual. Most parents do the best they can with the knowledge and experience they have to work with. Parents should not be expected to know it all and get everything right the first time; it’s a learning experience and the more you know, the better off you’ll be.
A list of the laws regarding corporal punishment in all states can be found here.