Corporal punishment is often chosen by students over suspension or detention. When Inflicted Skin Injuries Constitute Child Abuse. Dailey Anne C. Constitutional Privacy and the Just Family. The .gov means its official. WHO also advocates for increased international support for and investment in these evidence-based prevention and response efforts. U.S. Department of Health and Human Services. Accessibility Children in The Legal System: Cases and Materials. She went on to explain that she tries to take in every possible consideration.76 Additionally, interviews conducted with eleven CPS officials in five states suggest that regardless of each states particular protocols and regulations, risk of future harm is a significant factor in evaluating whether a particular instance of corporal punishment is reasonable.77 Some CPS officials acknowledge that they are taking factors pertinent to the post-substantiation safety assessment into account as they evaluate the threshold question of maltreatment, in part because conducting assessments concurrently is more efficient.78 These additional factors include the parents level of control in the situation, any temporary stressors present in the home, how the current situation affects future situations, and the risk of future incidents.79, Community culture and norms also influence even those social workers whose decisions are constrained by formal factors, protocols, or decision trees. The problem is not only that prediction is probabilistic; but a confident prediction comes also from understanding the meaning of the behaviors rather than the behaviors themselves.191 Here, developmental science can be informative. 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. David and Anne Delaplane very eloquently discuss the religious and spiritual dimensions of child abuse and neglect in their articleVictims of Child Abuse, Domestic Violence, Elder Abuse, Rape, Robbery, Assault, and Violent Death, A Manual for Clergy and Congregations, Special Edition for Military Chaplains, Section I: Child Abuse and Neglect.10Sections of their article are excerpted here. Although the phrase, Spare the rod and spoil the child, is not a Biblical text, there is no doubt that it reflects the meaning of two or three of the strongest Biblical Proverbs on child rearing. Norms are customary or widely held beliefs that may either influence or be influenced by law. Of course, regardless of the normativeness of the practice, abuse would be found on evidence of functional impairment. An Examination of Parental Discipline as a Defense of Justification: Its Time for a Kindlier, Gentler Approach. As a result, it sometimes appears that CPS intervenes in the family to protect a child based on a combination of concerns, including about the childs emotional and developmental welfare, only to have the court reject the intervention because the physical injury is viewed as insufficient (standing alone) to permit it. 80 Op. Episode 84: What Does an Effective Support System Look Like? & Inst. So it can be difficult to say exactly where the one ends and the other begins, For example, a parents choice to hit a child on the face or to put pepper in a childs mouth might trigger scrutiny and even substantiation according to an illustrative list in a particular state or county, 224 but may not result in harm if other criteria such as severity or chronicity are absent. It is more difficult in circumstances where children are either chronologically or developmentally younger, because how well they are functioning in their daily lives is much less susceptible to lay observation. Chadwick DL, et al. Telephone interview by Erin Vernon, Duke University School of Law, with a county CPS supervisor, Duplin County, N.C. (June 26, 2009) (on file with Law and Contemporary Problems, hereinafter, L & CP); telephone interview by Erin Vernon with a county CPS frontline investigator, Johnson County, Kan. (June 18, 2009) (on file with L & CP); telephone interview by Erin Vernon with a county CPS director, Fulton County, Ga. (June 25, 2009) (on file with L & CP); telephone interview by Erin Vernon with a county CPS director, Adams County, Neb.
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