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Spanking is a tried and true method of child discipline used by countless generations of parents wanting to raise their children into healthy and productive adults. It is also a method despised by loony lefties. Many of those loony lefties work for CPS and are responsible for a great deal of nonsense on the subject. One told me that spanking is legal only on the buttocks and with the hand. Another told me that my client’s fiancé had committed a crime by spanking her child – even though he had the parent’s permission.
So what’s the truth? Put simply, spanking is legal – within limits. (Remember the recent Adrian Peterson case? He went too far.) Let’s look at the applicable law.
First, Texas Family Code (TFC) §261.001(1)(c) defines abuse of a child, in part, as physical injury that results in substantial harm to the child, excluding reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm.” This begs the question: is spanking “reasonable discipline”?
For the answer, let’s turn to TFC 151.001(e):
(e) Only the following persons may use corporal punishment for the reasonable discipline of a child:
(1) a parent or grandparent of the child;
(2) a stepparent of the child who has the duty of control and reasonable discipline of the child; and
(3) an individual who is a guardian of the child and who has the duty of control and reasonable discipline of the child.
So the Texas Family Code specifically confirms that the mere act of spanking is not abuse. The statute was introduced by Representative Howard Dutton, who had heard too many stories of children being snatched from their parents by CPS agents who believed spanking was abuse by definition.
Now these two statutes appear to leave our aforementioned fiancé uninvited to the spanking party. True enough. But this is under the Family Code, which is civil law. But has he exposed himself to any criminal penalties? No. Not for the simple act of spanking. Consider Texas Penal Code §9.61:
(a) The use of force, but not deadly force, against a child younger than 18 years is justified:
(1) if the actor is the child’s parent or stepparent or is acting in loco parentis to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
(b) For purposes of this section, “in loco parentis” includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.
So the Texas penal (criminal) code states that our fiancé can spank, so long as he has consent. Why the discrepancy between the two codes? It’s bad enough knowing how the minds of attorneys work. Please don’t ask me to understand politicians.
So the Penal Code allows force, but not deadly force. The Family Code allows spanking that does not cause substantial harm. The meaning of deadly force is rather obvious, but what is substantial harm? That term is defined in the Texas Administrative Code:
Substantial Harm. Real and significant physical injury or damage to a child that includes, but is not limited to, bruises, cuts, welts, skull or other bone fractures, brain damage, subdural hematoma, internal injuries, burns, scalds, wounds, poisoning, human bites, concussions, and dislocations and sprains.
Now you may ask whether slight bruising on a kid’s buttocks is a “real and significant injury.” Reasonable minds can differ, but know that many CPS agents and judges are of the opinion that a bruise, any bruise, anywhere, is abuse. To be safe from government interference, DON’T LEAVE A MARK!
I am a spanking advocate. I spanked both my boys when necessary to correct bad behavior. I spanked because I love them and care deeply about their character and their future. Making sure you spank in a way that keeps the government out of your business is important, yes. But good parenting requires more, don’t you think? More than making sure you’re acting within the law. There are countless good books, web sites and videos out there. I urge you to study and apply the knowledge found in them. A great place to start is the Focus on the Family web site. http://www.focusonthefamily.com/parenting/effective-biblical-discipline/effective-child-discipline/biblical-approach-to-spanking
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“People not spanking is why kids are rotten these days.”
Come on. There are other ways to discipline children such as removing privileges. “Spanking controls behavior.” Spanking just teaches fear and it’s ok to hit others.
The messages that spanking teaches are:
1. It’s ok to hit others
2. It teaches people to let others take advantage of you
3. Don’t defend yourself
4. Its ok to let your partner hit you
Nonsense. If you’re teaching all this with a spanking, you’re doing it terribly wrong.
SAVE THIS FOR WHEN YOU NEED TO KNOW THE LAW IN TEXAS. REMEMBER TEXAS PENAL CODE SS 9.61 – LIFE SAVER AGAINST LIBERAL “GRANDMAS” AND CPS COLLEGE GRADUATES WHO HAVE NEVER HAD A CHILD.
Consider Texas Penal Code §9.61:
(a) The use of force, but not deadly force, against a child younger than 18 years is justified:
(1) if the actor is the child’s parent or stepparent or is acting in loco parentis to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
(b) For purposes of this section, “in loco parentis” includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.
So the Texas penal (criminal) code states that our fiancé can spank, so long as he has consent. Why the discrepancy between the two codes? It’s bad enough knowing how the minds of attorneys work. Please don’t ask me to understand politicians.
So the Penal Code allows force, but not deadly force. The Family Code allows spanking that does not cause substantial harm. The meaning of deadly force is rather obvious, but what is substantial harm? That term is defined in the Texas Administrative Code:
Substantial Harm. Real and significant physical injury or damage to a child that includes, but is not limited to, bruises, cuts, welts, skull or other bone fractures, brain damage, subdural hematoma, internal injuries, burns, scalds, wounds, poisoning, human bites, concussions, and dislocations and sprains.
First, a little background. We have three children between ages 7 and 12. We try to discipline in alternative ways, but at times we do spank. My mother in law believes that spanking should always be with a hand and that the child should be fully clothed. I disagree. When I grew up, if I behaved badly my father would make me pull down my pants and spank me in my underwear. It was effective because of the shock value and because it made me feel a bit of shame. Is it considered child abuse to pull down your kids pants before you spank them? And, can you use an object like a belt rather than your hand? (No we don’t leave bruises)
So what about older siblings? My sister being 10 and myself being 21. She does not get disciplined as she should so she will hit and throw things at others especially us her older siblings because she knows my mother will either back her or attack us. So though I never hit her I have used force to stop her. And my mother has threatened to press charges.
So, what if my 15 year old stepson hits his mother or tries to attack me? Am I just supposed to stand there and let it happen? In my opinion an out of control teen with no brains is just as dangerous as an adult that knows what hes doing.
I would like to know the answer to this question too.im in the same boat.
Me too!
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm
You have a right to defend yourself.
You every right to defend yourself from a younger sibling who attacks you for no reason. You tell your mom that how pathetic it is for stand up to your younger sister whose throwing things or attacking you. Stand up your mom and tell like it is. It’s inappropriate behavior and conduct for 10 year old sibling to be like that towards you. Your mom is actually being hypocritical and pathetic for overprotecting your sister which is behaving like a monster or upleasant sibling. In my family it wouldn’t have been a problem to spank my younger siblings or cousins growing up, sometimes perhaps get after them for misbehaving and acting up.
Thank you for making this post. I have been with my wife for a few years now but recently we were married. Prior to that, my stepchild (who is a good kid just lacks discipline) has had the run of the house with both his grandparents and mother. He learned early with me I will not tolerate bad behavior, being as I did not know the laws or what was acceptable as discipline I got creative with it mostly having him write what he did wrong and why he wouldn’t do it again over and over front and back on a page ( it works for a lot of the things that should not be tolerated). The major things I am working on now with him is participating in school actually paying attention and turning in assignments none of which merits a spanking in my eyes, but periodically because he has never had someone try to work with him on school work he gets mad and either will “shut down” and not listen to anything or throw a bit of a tantrum and disrespect both his mother and myself. At that point yes I do see a spanking as a tool to help improve his behavior and as with other posts made here I do recommend waiting to do it. We send him to his room and tell him to wait, finish what we were doing as well as provide ourselves time to cool off as well then ask him if he knows why he is getting spanked and what behavior he could have changed to prevent this form of punishment. Afterwards we explain to him that this out of love and that we want and know he can do better.
A woman.and her unruly boy child was being disrespectful and going through my child’s property, and I told him to stop and go to bed. He became more unruly so I said softly that if he didn’t go to bed I was going to spank him. His mother was acting like she was sleeping and laughing at me. I decided to make them leave. She said she never disciplines her children. Her oldest child is on drugs and abuses his girlfriend.
My son in law has spanked my grandchildren with a one inch board and left bruises on their butts. Both sides. This time it was the 5yr old. I took pictures as I couldn’t believe it as they were bathing and she turned around. They were very outlined. They are 5 and 7. Both have told me that he gets mad and uses his paddle to get his point across. We live in Texas, any suggestions?
Feel free to call my office. I cannot offer specific advice to a non-client, but I’d be happy to explain what laws affect your situation and what your options might be.
Call the abuse hotline at 1-800-252-5400
What do you do when the cps worker is the spanker? My cps worker butt dialed me and she either gives her child or someone else’s child a “whoopin” every day for doing something , maybe she has probable cause. I just find it funny MY OWN CPS CASE WORKER WHOOPS children.
I was put in the system when I was younger. And now that I have my own family, when it comes to discipline, even when I know a spanking is needed… I get to scared to do so. I know how crooked cps is. I also know how abusive the foster parents can be. But for the most part, just talking in a calm voice helps a lot. I always thought cps taking my brother and 2 other sisters were the best thing. My dad used to beat them. I witnessed my brother being kicked repeatedly in the stomach all the time. My sister being beat with whatever was in hand. It was just a mess all the time. Me and my lil sister didn’t get the beatings. But I can also see a big difference between us 2 vs. the older 3. Drugs, in and out of the pen. They didn’t have the love they deserved in our home. It’s all about love. Yes, I strongly believe kids needs spankings. I got them, just not the way the others did. So spanking them out of love is everything. I just wished I wasn’t so scared due to my past.
i was raise in the waco stase home and i wish that these law were around back than. cause i was beat all the time with a base ball bat. at the age of 10 i was hit so hard across the face i went through the wall than he beat me with the bat for knocking a hole in the wall. i was 2 years old when i lost my mother and dad and to young to go to school so the man would abuse me. they wood beat me so hard with the bat that my low back my ass and leggs wood blead. where was the law than.
Texas has it right
look at California the kids in California are out of control
yes I live in California
Spank bad behavior
Nice tips, very helpful article.
Really, what a joke. I was told today all those laws, penal codes were just a bunch of words on a screen when it comes to dealing with CPS, Its the luck of the draw i was told. CPS makes their own rules, they can do, say, lie, and completely turn your words around and take your children if they “FEEL” like it. Its obvious people dont spank anymore like they should, thats why we have a youth society of disrespectful punks, Spank out of love my ass, if your kid is being a smartmouth, disrespectful idiot, SPANK HIS ASS ! if you ront he will bee kiucking yours before you know it, if you do it correctly you wont have to do it after because like when i was a kid my mm or dad just had to give us the look, and we got right quick. one warning to get it together then you swat em,. and if you cant determine the difference between swating,spanking and beating then DONT DO IT!! but its not rocket science, these are your kids,love them, raise them how you see fit, right?….WRONG,.,. one call to cps, you can lose your children,PERIOD if the Cw is against spanking, and FEELS its abuse, you are done.,your nightmare begins, and god forbid you have a past, you wont get them back. And they get away with it over and over thousands of times and noone is doing a thing about it. so these kids know it, and they use it to ther advantage, and we are led by a nation of crooked orginizations designed to save the real abused but can control your families fate based on how THEY feel, and a bunch of punk ass disrespectful kids, that have more control over the parents because CPS may just FEEL that your a bad parent,.and our nation allows it to continue, cps owns our children, you just dont know it till they are at your door.
So you cant spank her or she’ll call CPS or the cops? Too easy! Send that 14 year old girl to military school… she will learn real quick that if she fails to comply she will go to a juvenile detention center.. till she is 18… let her know she pushed yall to this and you will not stand for her pissy poor attitude. I assure you it works!!!
wher do i find a school like this? do they exsist, i was always threatened as a kid id go to one, but as an adult never heard of any, my friend has 2 soliders in waiting they could use a place like that,total lack of structure, disipline respect, no father in th home,… before they nd up in th systm
my stupid “E” is brokn lol
My wife is very much against the spanking rule I grew up being spanked and I’ll have to say I came out pretty good! Our 14 yr well actually her 14 yr old daughter is running the house of course I use that term lightly over my dead body will that kid ever run this house but she is giving us a run for our money & always brings up I’ll call the cops if you lay a finger on me or cps, she has gotten in my face & let me tell you I’m no little guy I go to gym 6 days week! She loves pushing my buttons, won’t do anything she asked to do, or will do it on her time if at all. Any suggestions?
A fourteen year old is way too old to spank. As for your buttons, you’re the adult. She’s a child. Remember that and act accordingly (read maturely). There are plenty of books out there on how to deal with difficult children and teenagers. I suggest you do a search for author James Dobson.
Thank you for confirming this. In my circles I have heard of spanking of adult disabled children defended multiple times (2 specific adults in question). One excuse was the age they were mentally. Hmm, pretty sure that if spanking hasn’t worked in 20 years, it’s not going to in another 20.
I was just told by 4 sheriffs that if a child even acts like they are going to lay a hand on a parent it’s family violence and they will go to jail, not the parent.
With my 14 year old, she would basically get privileges taken away. No phone, no friends, no fun. We lucked out with her, she is a good kid, we put a lot of emphasis on church and talking calmly and lecturing. Hope this helps.
you call the police. i bet they will wake her up. i had to do it once and that officer put my daughter in her place. she was 16 at the time. now she is 26 and a US MARINE.
Tell your wife that if her daughter continues to disrespect you and act like a hooligan, you will leave her. If she doe snot agree, then do it. if she loves you then she will get the picture. If you go to counseling a good counselor will tell your wife that she is messing up and that she needs to be united with you against her.
I can’t agree. First, you should never threaten your marriage. Second, a good counselor (which you’ll need if you make ultimatums like that) will explain that you need to present a united front that you and your wife decided on TOGETHER. Not one where your wife just knuckled under to your opinion.
“Spank then hug”??!! Ok now you just confused the child. And also made you look sort of as a closet abuser.
I must assume you are of the ilk that believes all spanking is abuse. I must vigorously disagree with your stance, and I believe all of human history disagrees with you as well. Just look at the out of control children and adults who were never spanked vs the self-controlled, functional and productive ones who were. As for your contention that reminding the child that you love him after you’ve had to discipline is confusing, I don’t even know how to respond to that. As for your “closet abuser” comment, I’ll not take that bait today.
How can i find current up to date laws on spanking a child? My kids grandmother recently taught them bad habits. She has them thinking they cant get a spanking and if they do call CPS which is what theyve been doing. Cos makes them believe they cant get spanked or be in time out. So theyve become out of control.Need help to fight this
I am assuming that you are out of state, since the post explains the current up to date laws on spanking for Texas. If you are not trained in legal research, you should consult an attorney in your state.
It seems you don’t understand that kids heads are empty you train them .
Unless you plan to underwrite my child’s expenses for the next 18 years you are free to take your anti spanking rhetoric and shove it someplace I’m sure you’re already aware of 🙂
The Bible says spare the rod spoil the child it means discipline them….a spanking and beating or two different things you should know your limits I discilipine my girls only as a lesson not to hurt them
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Thank you for sharing. We spank our kids out of LOVE! We talk about why we spank, give a swat, and then we hug and tell them we love them. It’s ok to spank it should just never be done in anger or haste.
Thank you for posting this, I plan on sharing with everybody.God Bless