lawyer who handled spanking at work case in california

Can a teacher be charged for spanking a student in California?

In fact, public school teachers in California may be charged with child abuse or assault and battery for spanking students. Reference the code section below to learn more about California corporal punishment laws or read our summary below the table. See State Laws Regarding Corporal Punishment to learn more.

What are some of the most serious allegations of spanking?

Perhaps the most serious spanking allegations involve the then high-school-age secretary, Sandi Kolakowski, who was subjected to regular, sometimes bare-bottom, spankings, according to the commission's charges.

How did Sandi Phillips learn about the spanking scandal?

Eventually, Phillips, Thomas and Harry Walsh, another lawyer at the firm, learned about the spanking -- they were told by Julie Goldsborough, they say. "All of us were, like, Sandi, do something, but she was so totally devastated she was a basket case," Thomas said.

Can a parent be charged for spanking a minor?

If spanking is excessive, or not for disciplinary purposes, child abuse charges could be filed against a parent or guardian. when the accused acted, he or she was not reasonably disciplining the minor. Please note that there are additional crimes that could be charged if there is a corporal injury to a child.

Is spanking considered abuse?

If you decide to spank your child, you will typically not face child abuse charges in California. Spanking is not considered child abuse so long as it is: Intended to discipline the minor; and, It is not excessive punishment for the minor's conduct.

Is corporal punishment considered abuse in California?

Corporal punishment or injury of child a.k.a. “child abuse” in California, is a “wobbler” offense, which means it can be charged as either a felony or a misdemeanor.

What happens if you get spanked?

The experts came to a rather startling conclusion: Spanking causes similar emotional and developmental harm as abuse to children. According to the study, the more children are spanked, the more likely they are to defy their parents and experience: antisocial behavior. aggression.

What is considered reasonable corporal punishment?

Consistent with prevailing statutory language, when evaluating whether an act of corporal punishment was reasonable or abusive, CPS most typically considers the nature and degree of the immediate physical harm to the child.

Is spanking against the law in CA?

Is Spanking Legal in California? In California, the punishment must fit the crime. As such, spanking is considered legal if it is justified for the situation and not excessive. Courts will often look at the events leading up to the spanking to determine if it is justified.

What is reasonable discipline California?

Under California law, "a parent has a right to reasonably discipline his or her child." For that punishment to be reasonable, it must be: (1) genuinely disciplinary; (2) warranted by the circumstances; and (3) not excessive in amount.

Is corporal punishment legal?

Corporal punishment is unlawful as a disciplinary measure in penal institutions under article 61 of the Juvenile Justice and Welfare Act 2006: “The following and any other similar acts shall be considered prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well- ...

What is a reasonable spanking?

In New South Wales the only clear legislative guidance on “reasonable” is the statement that any corporal punishment will be “unreasonable” if the force is applied to any part of the head or neck of a child.

What is considered excessive discipline?

Discipline is probably excessive if: Punishment is meant to instill fear rather than to educate the child. Caretaker, whether a parent, guardian or school official, loses control. Action is inappropriate for the child's age. Action results from a caretaker's unreasonable demands or expectations for the child.

What is the difference between corporal punishment and abuse?

Child Abuse One distinction is that physical abuse results in nonaccidental physical injury to the child, while corporal punishment may cause temporary discomfort, but should not result in lasting harm.

What is child abuse in California?

California Penal Code 273 (d) defines child abuse as the infliction of any “cruel or inhuman corporal punishment or an injury resulting in a traumatic condition.” 3 Examples of this kind of abuse include kicking, pushing, punching and choking. If you are a parent, it is probably obvious that any of these actions crosses ...

Is spanking a wooden spoon a form of child abuse?

A California Circuit Court of Appeals recently ruled under the specific facts of the case before it that the act of spanking with a wooden spoon, even though it left bruises, was not a form of child abuse.

Is it legal to spank a child?

Spanking your child with an object other than your hand is also legal, but it must not be excessive in relation to the circumstances which led to the punishment. 4. In the past, courts have looked to specific circumstances leading to spanking in order to determine whether the punishment was reasonable.

Is spanking a child a discipline?

Sometimes spanking is portrayed as an important part of child discipline. But others view it as a major no-no with a multitude of psychological repercussions. 1 What is largely left out of the conversation is whether spanking a child could get you into trouble with the law. In California, spanking is legal, but must fall within a range ...

How much jail time is required for child abuse in California?

two, four, or six years in jail, a $6,000 fine. If charged as a misdemeanor, child abuse is punishable by: one-year in county jail, a $6,000 fine. In California there are mandatory reporting laws that require certain professions to report suspected instances of child abuse or neglect. M andatory reporters include:

What is child abuse in California?

In California, child abuse occurs under Penal Code section 273d when a person: willfully inflicts upon a child any cruel or inhuman corporal punishment, or. inflicts an injury resulting in a traumatic condition. A traumatic condition is a wound or other bodily injury caused by the direct application of physical force.

Is it illegal to spank a child in California?

No, it is not illegal to spank your child in California. The spanking, however, cannot be excessive and must be for disciplinary reasons. Excessive or unreasonable spanking could lead to accusations of child abuse, the opening of a juvenile dependency case, and the filing of criminal charges.

Can spanking be excessive?

The spanking, however, cannot be excessive and must be for disciplinary reasons. Excessive or unreasonable spanking could lead to accusations of child abuse, the opening of a juvenile dependency case, and the filing of criminal charges. In California, child abuse occurs under Penal Code section 273d when a person: ...

Is it legal to spank a child?

Please note that in many country’s it is now illegal to spank a child.

What does the State Bar do when a criminal case is suspected?

If criminal conduct is suspected, the State Bar may also refer the matter to a law enforcement agency for investigation and potential prosecution.

What is the Lawyer Assistance Program?

Lawyer Assistance Program. Substance abuse is a serious problem facing the legal profession. Attorneys may sign up for a confidential evaluation through the State Bar's Lawyer Assistance Program. Attorneys may also be required to participate in the Lawyer Assistance Program as the result of a discipline case.

History of Corporal Punishment

In 1977, the Supreme Court of the United States ruled that corporal punishment was allowed in public schools despite parental objection. Before that, very few states prohibited corporal punishment. That court decision motivated many states to pass laws prohibiting physical punishment in public schools.

California Laws on Corporal Punishment

Unlike the laws of some other states, the two sections of California law that address corporal punishment do not allow corporal punishment even when a parent consents to it.

California Definition of Corporal Punishment

California law defines corporal punishment as the intentional infliction of physical pain on a pupil by a person employed or engaged by a public school. Corporal punishment does not include acts like breaking up a fight between students, preventing damage to property, forcefully taking objects away from a student, or self-defense.

Legal Remedies for Unauthorized Corporal Punishment

If a teacher or school employee uses corporal punishment as a school discipline, one remedy for the harm caused can be achieved through a personal injury lawsuit. Depending on each circumstance, corporal punishment can be both an assault and a battery. An assault is generally a threat or attempt to inflict injury to a person.