The issue of spanking has divided parents for years. But one state in the United States may be taking a side. Earlier this month, Governor Jack Markell passed a controversial Delaware bill--criminalizing the act of recklessly or intentionally causing physical pain on a child.

Bill 234, sponsored by Delaware's Senate Majority Leader Patricia Blevins, asserts that when a "person recklessly or intentionally causes physical injury to a child through an act of abuse and/or neglect of such child" it is considered third degree child abuse and a class A misdemeanor.

The ambiguity of the definition of "physical injury" has prompted the law to be unofficially dubbed a "spanking ban" by some and has sparked debate over the state's right to interfere with personal parenting practices.

But one of the bill's biggest proponents, Attorney General Beau Biden, son of Vice President Joe Biden, has been adamant that spanking isn't the target of the law. "This will not do anything to interfere with a parent's right or ability to parent as they see fit, but it also makes it clear that if you abuse a child in any way, shape or form, we're going to have a statute that we're going to be able to use to protect kids," he stated.

So why didn't they include in a clause that protects parents who spank from prosecution? It's not that simple, Patricia Dailey-Lewis, of the Attorney General's Office, tells Delaware WBOC news. "If we said it's okay to spank your child, and then we have a child who ends up dead from spanking, well, gee, we didn't meant that, we didn't mean kill. We didn't mean break their arm. It's such a vague area."

"I can't say that no one's ever going to be prosecuted," Dailey-Lewis continues, "Because like I told you, we have children who have been spanked and have died from it."

In the wake of the backlash, the Attorney General's office plans to launch a campaign outlining exactly what's considered reasonable discipline, and to inform parents of their rights.

The dangerous side effects of spanking

Some parents, like Mark Salerno, a Dover-area stay-at-home dad, hail the law as a step in the right direction for monitoring parental behavior.

"I don't believe in spanking your children," Salerno told a local news affiliate. "There's other ways to discipline them. I don't think physical pain should be endured on a child."
But others consider the measure an interference in personal child-rearing choices.

"As Delaware is my home-state, I do feel that it steps pretty far over the line," writes a commenter on the parenting blog Mommaroo. "I was spanked as a child not because my dad was a big mean person, but because I did something wrong...With this legislation being so vague as to describing 'pain,' there are bound to be so many wrongful arrests."

Under the new amendment, adults could spend up to a year in prison if they commit an act of "physical injury" to anyone under the age of 18. The sentence can be increased if the child is under four-years-old or if they suffer from mental or developmental disabilities.

Over the past decade, scientific research has linked spanking to long-term problems like depression, addiction, lowered test scores, increased risk of sexual functioning as adults, and according to a recent University of Mantioba study, "general psychological maladjustment."

The research is so widely accepted that the American Academy of Pediatrics officially considered physical punishment of a child "the least effective way to discipline."

"It is harmful emotionally to both parent and child," according to a statement on HealthyChildren.org, an APA site for parents. "Not only can it result in physical harm, but it teaches children that violence is an acceptable way to discipline or express anger. While stopping the behavior temporarily, it does not teach alternative behavior. It also interferes with the development of trust, a sense of security, and effective communication. Spanking often becomes the method of communication. It also may cause emotional pain and resentment."

Smart alternatives to spanking

Despite the lack of support from the medical community, many parents and officials nationwide still believe in the effectiveness of spanking.

As Delaware was passing its bill into law, Texas was expanding the limits of corporal punishment in schools. After a teen girl was paddled by a male principal as punishment for cheating, her school district changed their policy to allow teachers of either sex to spank a student for bad behavior.

The new policy, in a state where 75 percent of school districts condone corporal punishment, allows adult men to paddle underage girls as long as a same-sex administrator is present. Parents can also request a spanking each semester for their delinquent child, provided they give written consent.

Texas school paddling sparks debate

If corporal punishment in schools has come under fire from child advocates in Texas, Delaware's new law is under just as much scrutiny from parenting advocates.

"The concern with the bill is that it used the very subjective word 'pain' [and hinged legal behavior upon] using 'reasonable force,'" stated Nicole Theis, president of Delaware Family Policy Council, in The New American. "The fact of the matter is that it's written into the law and it very much could be interpreted as prohibiting spanking."

Parents who feel the state is stepping on their turf are concerned their guardianship could be put into jeopardy simply because of their personal beliefs or even a momentary lack of judgment.

Even the APA takes into account that "parents occasionally lose their patience or, in anger or fear, may spank their youngster." As ineffective and potentially damaging as spanking may be, some worry the legal consequences under this law could be worse.

At the same time, setting legal limits on parenting practices is sometimes the only measure of protection children have. With as many as six million victims of child abuse in the U.S. annually--a statistic that continues to rise each year--Delaware's law sets a zero tolerance precedent and sends the message to adults that nobody has the right to harm a child.

http://news.yahoo.com/blogs/parenting/spanking-ban-delaware-first-state-pass-law-expanding-181200724.html

I think everyone is entitled to their opinion. I know some are for spanking and others aren't.

Imo, I don't think spanking a child or slapping them is the answer. I was a good kid growing up, however, there were times that i was spanked. There were other times when I wasl slapped across the face. I hated both the spanking on the bottom and the slaps on the face. My brother was faster to avoid the slaps as his vision is good and he could duck in time. I think all spanking, slapping, etc. does is it teaches your children to fear you. It also seems to teach children that it's ok to hit others, when it's not. In some cases children grow up to resent their parents for treating them that way. At 33, my mother still scares me. I think kids should have to follow the rules, but I don't think they should have to live in fear. I think respect is very important, but I think it should be a two way street. I think there are other ways to get through to kids without hitting them.

Again, just my opinion.

I think everyone is entitled to their opinion. I know some are for spanking and others aren't.

Imo, I don't think spanking a child or slapping them is the answer. I was a good kid growing up, however, there were times that i was spanked.ther were other times when I wasl slapped across the face. I hated both the spanking on the bottom and the slaps on the face. My brother was faster to avoid the slaps as his vision is good and he could duck in time. I think all spanking, slapping, etc. does is it teaches your children to fear you. It also seems to teach children that it's ok to hit others, when it's not. In some cases children grow up to resent their paretns for treating them that way. AT 33, my mother still scares me. I think kids should have to follow the rules, but I don't think they should have to live in fear. I think respect is very important, but I think it should be a two way street. I think there are other ways to get through to kids without hitting them.

Again, just my opinion.

I agree with everything that you said.

Spanking (only on the behind), IMO, is a good form of discipline.

It doesn't teach children to "fear" their parents, but to respect and obey them.

Spanking (only on the behind), IMO, is a good form of discipline.

It doesn't teach children to "fear" their parents, but to respect and obey them.


So true Tony. My mom told me that the thought of knowing that I was getting a spanking was punishment for me. I would freak at the very thought. So I didn't get into trouble very much.:lol: My dad was different. He made us go outside and get our own switches! Then we would line up in the driveway and get it on the behind. It didn't scar us for life. I find that today's "time out" generation are a lot more disrespectful and bratty than we were. :rolleyes: A swat on the butt never hurt anyone. Back when I was growing up it was the norm. So we thought nothing about it.

My problem with spanking is that it doesn't get to the root of the problem. Instead of teaching children why what they did was wrong and how they can self-correct their behavior in the future, it just teaches them that they did something wrong and if they do it again, they will be spanked. This behavior tends to cause the child to fear the punisher. A child should never behave out of fear, they should behave because it is the right thing to do. I was never spanked growing up. My parents used teachable moments to explain right from wrong to me. For instance, I remember a time when I was in elementary school when I made fun of the way one of my friends talked. She had trouble pronouncing a certain sound and was going to speech therapy for it. I remember my parents sitting me down and explaining to me how hard she was working in speech class and that my words really hurt her. The fact that I still remember that situation to this day just shows what an impact words can have on children. In my opinion, words are much more powerful teaching tool than a hand.

I feel that Delaware is going to get spoiled rotten brats with their "Spare The Rod, Spoil The Child" Policy!

This is the silliest thing I've ever heard. How a parent chooses to disipline their children is nobody's business. Seems like this system is dedicated more and more to taking away our rights and freedom.:mad:

Do you think if a child is at another friend's house and they misbehave it is okay for the parent to spank that child?

Do you think if a child is at another friend's house and they misbehave it is okay for the parent to spank that child?

Yes! In my neighborhood when I was a child If I misbehaved at someone else's house I'd get a whupping from that person, then when I returned home I was immediately "Grounded". The Walls had Ears, and Eyes! :eek:

What about during sex

I feel that Delaware is going to get spoiled rotten brats with their "Spare The Rod, Spoil The Child" Policy!


I agree. I can't believe they are gonna try to pass this through. I am for spanking...just don't do it out of anger letting emotions take control because then it turns into a form of bullying of sorts. I'm in favor of lighting that tail up if a child gets out of order.

my dad used to gave me and my brother spanking we both turned out fine.

This is the silliest thing I've ever heard. How a parent chooses to disipline their children is nobody's business. Seems like this system is dedicated more and more to taking away our rights and freedom.:mad:
I totally agree. The government needs to stay out of it.

In New York it's simple. You spank your child. The neighbor(s) hear it anv dial 911. The police come, remove the child from the home under the Child Protective Services Law. The offending parent is jailed. Simple and it happens many times daily here.

My brother and I used to get spanked for bad behavior and neither of us thought anything of it. It did not scar us. Many kids today are undisciplined and have no boundaries anymore. I see it everywhere.

Whether or not one is for spanking, I do not see it as being any government's business to get involved.