One of the most commonly practiced strategies used by parents to alter long term behavior of their children is corporal punishment, commonly referred to as spanking. But use of the term spanking is problematic in that how caregivers interpret it varies widely, and there is frequent overlap with what pediatricians consider to be abuse. Despite a great deal of evidence showing that spanking is ineffective, is a risk factor for greater forms of physical abuse and can negatively impact the behavioral and cognitive development of children in a variety of ways, it remains a controversial issue in the United States. The American Academy of Pediatrics and numerous other professional organizations have come down firmly against the use of physical punishment by parents, but unlike 34 other developed nations there are no federal laws banning spanking.
Laws regarding corporal punishment vary from state to state. 19 states currently allow the striking of a child in any school setting. Of the 31 states and the District of Columbia that ban the practice in public schools, only New Jersey and Iowa also include private schools. Many schools give the misbehaving child a choice between suspension and being beaten with a paddle. It is also common for schools to require a parent to opt out of their child receiving corporal punishment rather than having to sign a consent form before such physical correction is applied. Corporal punishment in schools is more prevalent in the South and in lower socioeconomic school districts, leading to poor black children being by far the most likely to face it.
Currently no state has a law that explicitly bans corporal punishment in the home. In fact, most state laws have specific language in their statutes on abuse, assault, battery, or domestic violence that make exceptions for spanking by a caregiver. In 2012, new child abuse legislation in Delaware made the news because it might possibly be interpreted as making spanking illegal. The law was put into place to serve as a means of improving the ability to protect children from physical abuse, but the language was vague. The lawmakers claim that it is not meant to interfere with parents who choose to use “reasonable force”, whatever that means, and do not cause injury. (more…)