How Courts Look at Parental Discipline
Many parents I talk to are shocked that a spanking led to a CPS investigation. California law does recognize a parent's right to discipline, but within limits.
WIC 300(a) specifically excludes reasonable and age-appropriate spanking to the buttocks when there is no evidence of serious physical injury. California courts have also held that a juvenile court must consider whether discipline was reasonable before finding abuse (In re D.M. (2015) 242 Cal.App.4th 634). That generally means asking:
ā¢ -Was there a genuine disciplinary purpose?
ā¢ -Was discipline warranted by what the child did?
ā¢ -Was the discipline reasonable, and not excessive, for the child's age?
Discipline that goes beyond that, such as hitting with objects that cause injury, striking the face or head, or discipline out of anger rather than correction, is much more likely to be treated as abuse.
If CPS is investigating discipline in your home, be careful how you describe what happened. Calm, honest, specific answers help. Defensive or dismissive answers often end up quoted in the petition. Taking a parenting class voluntarily can also show the court you're open to other approaches.
If CPS is questioning how you discipline your child, call me at (855) 472-7368 for a free consultation.