IN- High court says parents can spank kids

6-12-2008 Indiana:

State justices say physical discipline is a legal right, not abuse of children.

A parent has the legal right to physically discipline a child, even if doing so leaves bruises, the Indiana Supreme Court has ruled.

The court’s 4-1 opinion, handed down Tuesday, overturns the Marion County trial court conviction of parent Sophia Willis for battery. Willis had whipped her 11-year-old son five to seven times with a belt or electrical cord after she caught him repeatedly lying about having stolen some of her clothing.

Contending that she had legal authority to discipline her son, Willis appealed her conviction. An Indiana Court of Appeals panel had affirmed the lower court’s ruling, while asking the state’s high court for guidance on when a parent crosses the line from permitted discipline to criminal battery.

The Supreme Court reversed, finding that Willis did not cross that line. Her son’s punishment was neither degrading nor disproportionate to the offense, and his bruises were neither "serious harm" nor permanent, the court ruled.

In charting this new territory, the Supreme Court said it was adopting a view contained in the "Restatement of the Law, Torts," a sort of legal textbook from which state courts can seek guidance.

Justice Frank Sullivan, a South Bend native, dissented from the majority opinion. Sullivan wrote that the ruling "increases the quantum of effort that the state will be required to expend in its efforts to protect children from abuse. Particularly given the commitment of time and resources that the legislative and executive branches have devoted to this subject for the last two decades and more, I believe that such a policy change should be made by the legislative and executive branches, not the judiciary."

St. Joseph County Probate Judge Peter Nemeth, who presides over child welfare cases, said Sullivan made a good point, but he thinks the ruling will help clarify the issue for judges. He said he likely would circulate a copy of the ruling to attorneys who represent Child Protective Services.

Nemeth said he believes that corporal punishment is still needed in society, despite it having largely fallen out of favor in recent years. He said he did not foresee the ruling changing much how he rules on child welfare cases involving abuse allegations.

Generally, CPS only substantiates child abuse if a mark or bruise is visible and brings those cases before the judge, but that doesn’t mean the judge will necessarily agree that the parental discipline went too far.

"I suspect that CPS will continue to err on the side of safety of the child, and still bring me the case to decide," Nemeth said. "I think (the opinion) articulates some factors judges already are considering but it’s nice to see it in black and white by the Supreme Court ... and if a case like this goes down the line, they will affirm you rather than reverse you." ..News Source.. by Jeff Parrottws Source.. by