Wednesday, 27 June 2012

  • Parents Beware: New Delaware Child Abuse Bill


    I was recently made aware (through the Home School Legal Defense Association) of a bill that has already unanimously passed the Delaware Senate (on June 19th of this year) that may lead to dangerous new ground for parents.

    Senate Bill 234 redefines the legal term "physical injury" as it applies to child abuse to also include the word "pain." This redefinition would make spanking a child in Delaware a crime punishable by imprisonment.

    *Causing "pain" to a child under the age of 18 would be a class A misdemeanor - punishable by up to one year in prison.

    *Causing "pain" to a child 3 or younger would be a class G felony - punishable by up to two years in prison.

    The bill now must pass the Delaware General Assembly in order for it to become law. If it were to pass, Delaware would be the first state to outright ban punishment such as spanking.

    It is important to know the laws regulating parenting not only in your state but also in every state. Because the law in one ultimately creates legal precedent that may effect all.

    How do you feel about this proposed law, which already unanimously passed the Delaware Senate? Do you feel it oversteps your right to parent your children?


    *UPDATE - 
    On September 12, 2012, Governor Jack Markell signed Senate Bill 234. It is now legally the state's new law.

Comments (62)

  • Jenny_Wren@xanga

    @DarkMeru@xanga - I sent my comment before I read your comment here, but I gave the example of how my parents dealt with spanking me. They *never* spanked out of anger, and always sent me to my room so they could cool down first. They would calmly explain to me why I was being punished (ex: "I asked you three times to obey me, but you still didn't.") And then after the spanking was over, my dad would *always* hug me and tell me he loved me. He would ever tear up a bit himself sometimes.


    ..Spanking can be very controlled and done in love. I've never known it to be anything else, at least as far as I was exposed to it myself growing up.
  • VampireOfSeduction@xanga

    When all else fails, pain is a good teacher. It's amazing the number of people that have said some variation of, "When I was little, I kept biting/pinching people, and no amount of talking/time outs/grounding did anything. Mom only had to bite/pinch me back once and I never did it again." Why is hitting wrong? Because you don't want people to hit you. Sometimes, the best way to learn that is to experience it first hand.

    @Jenny_Wren@xanga - My parents had a similar system, only, usually, whichever one was particularly pissed at us would have the other do it. If it was while Dad was at work, that sometimes meant, "go to your room until your father gets home". I'm not afraid of my parents. I respect them.

  • thisisryanross@xanga

    i don't think inflicting pain onto your child is the best method of parenting.

  • TiredSoVeryTired@xanga

    @rachmorgan01 - I mean you no offense, and I'm truly sorry you experienced that growing up.  It sounds horrifying.  But that is not spanking a child.  That is torture and abuse.  I hope you are doing well.  I can't imagine a child hood like that!

  • TiredSoVeryTired@xanga

    I don't believe a child should be spanked under 2/3 years of age and never should a child be spanked older than 10.  A quick smack on the mouth may be necessary for a teenager, but not a slap across the face that is hard enough to leave a mark the next day. 

    I was spanked, but I don't remember one instance of it.  I was not spanked older than about 10.  My mother would sometimes pop us in the mouth when we were loud, but it never hurt but made a loud sound and it would surprise us quiet.  lol  She would also pinch us in the grocery store if we were bad.  None of that was abusive. 

    As far as this law, I can't say that I like it.  Who gets to determine what was painful?

  • rachmorgan01

    @TiredSoVeryTired@xanga - I know the difference between spanking and abuse. I was just trying to defend my thoughts on physical punishment and why I feel the way I do. In retrospect, I could have been more clear on what I was trying to say, but it was getting late, I was tired, and what I wanted to convey somewhat got lost. I am fine now. Things were not always violent at home. Most of the time it was a spank, grounding, time out, loss of privilages, etc. When things escalated, it was because my bad behavior continued and my father would lose control. I'm not justifying his actions at all, but I think I made things seem worse than they really were.

  • P753159@xanga

    new plan for future

    bring offspring to asia, bring him/her up the way to be a proper functioning member of society (through my own method, interpretation and definition), bring offspring back to Western countries and make him/her treasure the present while capable of being self-discipline.
    it worked for me, it worked for people of my culture for generationsand some kids today can be real dicksi will continue the pattern to bring them up in the future
  • Xx_save_me_kitty_xX@xanga

    Go Delaware. I worked in child protective services for over a year, and I am glad a state is stepping up to include pain plain and simple in the definition of child abuse. The old definition pretty much said that it wasn't child abuse unless it left a mark on a child and was repeated action. I was never spanked as a child and will never hit my kids when and if I ever have them. 

  • millionofstars@xanga
    Hitting a child is NEVER ok. I wish this will become federal law. Child abuse is dangerous and deadly; therefore the consequences should be severe for the perpetrators.
  • wien7@xanga

    The vast majority of these comments are wholly pathetic. 

    Every child should have instilled within them the clear difference between right and wrong; what is acceptable behaviour, and what their parent will not permit them to do for their own good. But using any kind of hitting, swatting, spanking, slapping (not to mention anything beyond that) to "discipline" another human being -- especially one that you helped create, or gave birth to -- is honestly amongst the most vile, unproductive and deeply misguided thinking a person can have. You are not a fucking animal, and nothing excuses resorting to such petty gestures to "parent properly".

    In case my stance on the issue isn't clear enough already: I, personally, would sooner die than ever land a hand on my child, regardless of the situation. 
    It's on par with being a legitimate physical impossibility. If your child does something wrong, talk to them. Explain why it was wrong, and how they are to correct it. Grounding them or taking away a toy can be effective, but the main point is: talk to them. And then again. And then again. And then again. And then a-fucking-gain.
    That, and nothing else, is how to discipline your child. No expections.

  • chorsley

    I am frankly appalled that you think it's okay to slap a five year old across the face for talking back. I can't imagine how disturbing that would be to witness, let alone receive. There are such better ways to teach our children, but first the cycle has to be stopped. Slapping/spanking is such instant gratification for the parent. What is it really teaching? Being physical with someone is the best way to react in a moment of panic. I applaud Delaware!

  • margenpowell



    This new law as written is too open for
    interpretation. It also infringes on religious beliefs for the hard
    liners who believe the passage "Spare the rod, spoil the
    child.". So according to this new law the government can now say
    which verses in the bibles you can now believe in, that would suck.
    Although this does not apply to me, I do see the implications. This law is stepping into the lives of alot of people, it should be rewritten becuase it allows children to say there is abuse just from a tap on the rear. All they would have to say is that it hurt or have a friend spank them with a belt to get their way at home by threating their parents. This law will make it easier for children to control their parents through threat and intimidation. Thier are kids out there already who use child abuse reporting to get their way by way of teachers, law enforcement and councilors. Kids say and do alot of things when they are mad at their parents that they may regret after doing it, but are affraid of the consequences for speaking up to the true after actions have been started.

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