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  #1  
Old 10-26-2009, 06:26 AM
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corporal punishment and the guardian


What is the name of your state (only U.S. law)? California

Is corporal punishment Legal?

Is corporal punishment Transferable to person to person by parents concent?

if proper corporal punishment is done on a child without permission, such as grandparents or close friends of the family, can a child call the police and have them arrested or would the parents have to be the one to press charges?

More in dept detail would be great!
  #2  
Old 10-26-2009, 07:09 AM
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Quote:
Originally Posted by AgentSmithers View Post
What is the name of your state (only U.S. law)? California

Is corporal punishment Legal?

Is corporal punishment Transferable to person to person by parents concent?

if proper corporal punishment is done on a child without permission, such as grandparents or close friends of the family, can a child call the police and have them arrested or would the parents have to be the one to press charges?

More in dept detail would be great!
Corporal punishment is legal. Parents can give others permission to corporally punish their children. The child should quite frankly go to the PARENTS and report the relative or friend if corporal punishment is done "properly".
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 10-26-2009, 02:30 PM
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Quote:
Originally Posted by AgentSmithers View Post
Is corporal punishment Legal?

Is corporal punishment Transferable to person to person by parents concent?

if proper corporal punishment is done on a child without permission, such as grandparents or close friends of the family, can a child call the police and have them arrested or would the parents have to be the one to press charges?

More in dept detail would be great!
Corporal punishment in CA is lawful. There are also exceptions permitting non-parents to apply it. The only real statutory prohibitions concern foster care facilities and juvenile custodial facilities.

The parent is free to call the police, but as long as there was no serious or visible injury, and there was some justification for the infliction of the pain, chances are that no arrest will be made. In most instances, a report would be generated and a copy forwarded to CPS, but it would be rare that a person would be arrested except in the most egregious cases.

Perhaps you'd care to post what happened rather than compel us to post the onerous number of code sections that MIGHT apply under certain situations.

- Carl
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  #4  
Old 10-26-2009, 04:17 PM
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Nothing has happened with me Personally, A friend and I were discussing it after he brought up the fact like a year back after his little brother calmed the baby sitter spanked him for refusing to obey, The Cops then proceeded to come over and tell the baby sitter that she could be arrested for abuse. My question is, do the parents have to press charges for that to happen in a case that she did not have permission(In his case she did) but it leaves me to question what if she didn't, Does the officer have proper standing to make a arrest??? I mean these are under the terms of proper corporal punishment not abuse, No marks are left and it was on the bottom cheeks
  #5  
Old 10-26-2009, 04:37 PM
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Originally Posted by AgentSmithers View Post
The Cops then proceeded to come over and tell the baby sitter that she could be arrested for abuse. My question is, do the parents have to press charges for that to happen in a case that she did not have permission(In his case she did) but it leaves me to question what if she didn't, Does the officer have proper standing to make a arrest???
COULD the officer have made an arrest? Possibly. An arrest requires only probable cause to believe a crime has been committed, and not absolute proof. Whether a DA would file is another question.

A spanking is generally considered fine and dandy so long as it does not leave lasting marks or welts (beyond short term redness). I wonder if something was a little more out of hand then your friend believed. Most cops are big supporters of corporal punishment and we almost universally side with the caregiver in such a situation. Now, they MIGHT have told the sitter that she might want to be careful because, as she is not the parent, she could find herself in trouble - particularly if the parents took exception to the discipline.

- Carl
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  #6  
Old 10-26-2009, 10:07 PM
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Quote:
Most cops are big supporters of corporal punishment...
And occasionally inflict such on adults for misbehaving...
  #7  
Old 10-26-2009, 10:45 PM
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Quote:
Originally Posted by Ronin View Post
And occasionally inflict such on adults for misbehaving...
Once upon a time (before mine), this was called "beat and release" ...

- Carl
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  #8  
Old 10-27-2009, 04:24 PM
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Originally Posted by CdwJava View Post
Once upon a time (before mine), this was called "beat and release" ...

- Carl
When I worked 911 dispatch on this call was the one that annoyed us the most. The parent of a 5-11 year old calling us because they could not control their child. Would an officer come over and help? Finally frustrated when one parent kept calling and calling an officer said " what do you want me to do? Spank your child for you? I see you have two hands! Use them! Put your hand to their arse!" Of course then we got a call that the officer wanted them to beat their child! and they wanted to file a complaint.....sigh and we wonder why our juvy facilities are more full than ever. I couldnt imagine saying I couldnt control my 6 year old. Oh he!! no!
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  #9  
Old 10-27-2009, 05:02 PM
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We get a couple of those every week ... a five year old out of control, or a request for an officer to come over and scold a child. I guess to some people we're dial-a-parent!

- Carl
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Can Stand Before Anyone

....author unknown
  #10  
Old 10-27-2009, 05:50 PM
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Originally Posted by CdwJava View Post
We get a couple of those every week ... a five year old out of control, or a request for an officer to come over and scold a child. I guess to some people we're dial-a-parent!

- Carl

That or the boogiecop. Parents wanting officers to scare their child into being good. Of course when those children need an officer to help them in a real crisis they are going to be to afraid of that meanie boogiecop to go to the officers who can help them. The fact that we had to send officers out to those calls just burned us up. Waste of time and resources. The best one I got was "help! my 6 year old is beating me up! Send an officer quick! I got a lil scold from my supervisor for saying. " Whose bigger!"
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Love is not a feeling it's an act of your will

Its ok I dont bite **************.wait thats a lie.

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