When Does Discipline Cross the Line to Child Abuse?

The legal line between parental discipline and child abuse is less clear than most people would like. The law allows parents to correct their child's behavior. Law and society recognize that discipline is essential to a child's development. At the same time, excessive discipline, or methods of discipline that cause emotional or physical harm, is not accepted.

At what point does parental discipline cross the line and become child abuse? Child development experts, legal authorities, and others have tried to answer this question. This article summarizes the current state of the law today.

A Definition of Child Abuse

In general, child abuse is any intentional act or omission that creates a serious physical injury to a child under the age of 18. Child abuse laws distinguish between child neglect, where caregivers fail to provide essential care (but which may be unintentional), and malicious abuse.

Each state has its own definition of "child abuse," and definitions vary. The nature of the injury, the child's age, and sometimes the location of the injury can affect a determination of "abuse" or "discipline."

Some common factors include:

• Physical injuries beyond bruising
• Any injury on the head or face of a child under the age of six
• Burns, bites, or cuts
• Injuries that cause "severe pain or significant impairment" or interfere with the child's breathing

In these states, a means of discipline involving burning a child's body would be child abuse, regardless of the parent's intent.

Discipline and Corporal Punishment

Corporal punishment, using physical force to correct misbehavior, has a long history of debate in the United States. Arguments for and against the use of physical punishment for children exist and will not be included here.

The U.S. Supreme Court has left it up to the states to decide if schools may administer such punishment with parental consent. Currently, 17 states allow corporal punishment, and six states have no explicit rule on it.

State Laws on Parental Rights

All 50 states allow parents to physically discipline their children. State laws require the discipline to be "reasonable" or "not excessive." Crossing the line into child maltreatment and abuse often depends on the individual culture and judge considering the case.

Most jurisdictions agree that open-hand spanking on a child's buttocks is not abuse. Brief pain which does not cause lasting damage usually meets the "reasonable" standard. The discipline becomes less reasonable if the pain is long-lasting, raises scars or welts, or requires medical treatment.

Courts also consider whether parents use objects like belts, wooden spoons, or similar items. Since the degree of bodily injury is greater, the tolerance for this form of discipline is lower.

The age of the child is a key factor in assessing abuse charges.

The parent's motivation for using physical discipline also matters in drawing the line between discipline and abuse. If the discipline is in response to misbehavior, it creates less of a legal issue than if the parent is angry and trying to make the child listen to them.

Other Types of Abusive Discipline

Headlines about parents locking children in dog kennels as a form of "non-abusive discipline" highlight another area where discipline crosses the line into abuse. Courts may require physical abuse to leave marks before they take action.

Child welfare agencies and state Child Protective Services (CPS) combine child abuse and neglect into a single category. CPS agencies recognize that the emotional harm caused by excessive discipline can be as harmful as physical trauma.

This type of non-physical discipline seldom rises to the level of locking children in dog kennels. But it is equally harmful if imposed for long periods or inappropriately for the age of the child. They may include:

• Verbal threats of violence or harm
• Excessive physical restraint or isolation (beyond "go to your room")
• Intentional withholding of affection or physical contact
• Intentional withholding of food, clothing, or shelter (beyond sending a child to bed without dinner)

These can be ordinary discipline, such as sending a child to their room for a time-out. They become abusive when an adult does them punitively, without cause, or excessively for child conduct that does not justify discipline.

Criminal Charges for Child Abuse

Current scientific studies agree that corporal punishment is not beneficial for children but cannot agree that it is harmful. CPS and domestic violence courts have the difficult task of drawing a line between acceptable parental discipline and unacceptable child abuse.

In general, a parent will face criminal charges for child abuse if:

• The child is seriously injured
• There are allegations of sexual abuse
• The parent lost control or clearly intended to do harm

Anyone facing charges of child abuse needs legal advice, regardless of the truth of the allegations. CPS and family law courts always err on the child's side since their concern is for the child's well-being. If you have been charged with child abuse or neglect, contact a criminal defense attorney right away.