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Child Discipline

What is discipline? As part of their natural development, children sometimes challenge or test parental and adult expectations and authority. Sometimes, children simply choose to misbehave in order to gain something (e.g., attention, an object, power, peer approval). This is a significant part of the growth process of children, yet it should not be without consequence. Discipline is how children learn right from wrong, acceptable from unacceptable.

Parental or adult discipline of children should be designed to help children engage better with others and to modify or control their behavior. Providing appropriate discipline to children is one of the most essential responsibilities of a parent. And providing consistent and positive discipline helps children grow into responsible adults.

According to the Committee for Children (2004), the purpose of discipline is “to encourage moral, physical, and intellectual development and a sense of responsibility in children. Ultimately, older children will do the right thing, not because they fear external reprisal, but because they have internalized a standard initially presented by parents and other caretakers. In learning to rely on their own resources rather than their parents, children gain self-confidence and a positive self-image.”

Article continues below and (thank you)

 

What about the use of physical discipline?

American Humane, as a policy, opposes the use of physical discipline on children at home, in the community, or in school. In two national surveys, Murray A. Straus, co-director of the Family Research Laboratory at the University of New Hampshire, found that 90% of parents of three- and four-year-olds had struck their children and that 22% of parents of children under one year of age had also hit their children. The second study in 1997 found that 44% of mothers reported spanking their children during the previous week, and reported spanking their children approximately twice a week (Straus, Sugarman, & Giles-Sims, 1997).

How does physical discipline affect children?

Children in the 1997 study whose parents used corporal punishment to reduce anti-social behavior actually experienced the opposite from their children in the long run an increased probability of aggression and other antisocial behavior.

Disciplining children by spanking does not facilitate learning. Instead, it may halt the unwanted behavior only while the child is in the adult’s presence, or it may scare a child into submission. While it may teach a child what not to do, it fails to teach a child what is expected of him or her and what is an alternate behavior. Additionally, physical discipline is most often used when the parent is frustrated or without other resource. Spanking in these circumstances may lead to an unintentional injury or more serious abuse. The following illustrate more of what physical discipline does:

  • Increases anxiety and fear
  • Hinders the development of empathy and compassion for others
  • Makes children angry in response
  • Heightens aggression toward others
  • Decreases compliance and increases resistance
  • Harms relationship with parent or caregiver
  • Potentially causes unintended and severe physical injury
  • Decreases self-esteem
  • Increases the probability for an array of undesirable social and psychological behaviors
  • Teaches that violence is an acceptable way to handle conflict

How can I discipline positively?

American Humane encourages parents and other caregivers to use techniques that constitute a positive and appropriate discipline of children, such as:

  • Discipline with love
  • Listen and communicate
  • Focus on the behavior, not the child
  • Respond immediately
  • Relate the discipline to the offending behavior in duration and severity
  • Be realistic
  • Remain calm
  • Be fair
  • Do not harm or injure
  • Set boundaries
  • Make it a learning opportunity
  • Be consistent
  • Be creative
  • Develop rules and expectations in advance
  • Use timeouts
  • Reward or praise desirable behaviors
  • Model desired behavior
  • Encourage the child’s cooperation and understanding
  • Develop behavioral contracts and incentive charts

What else can I do?

Be a role model. This can help you teach your children appropriate behavior, self-control, responsibility, and accountability, while increasing their self-esteem. If you need help managing your own behavior or want to learn better parenting techniques, contact your local child protective services agency, community center, church, physician, mental health facility, or school for a referral or assistance.

References

Committee for Children. Retrieved January 28, 2004, from http://psych.fullerton.edu/clindquist/dv/discipl.html.

Strauss, Murray A. (1994). Beating the devils out of them: Corporal punishment in American families. San Francisco, CA: Jossey-Bass/Lexington.

Straus, M.A., Sugarman, D.B., & Giles-Sims, J. (1997). Spanking by parents and subsequent anti-social behavior of children. Archives of Pediatrics & Adolescent Medicine 151, 761-767.

©2006 American Humane. This Fact Sheet may be reproduced and distributed without permission; however, appropriate citation must be given to American Humane.

 
How can I reasonably discipline a child?
Caring for a child is anything, but easy. It takes patience, creativity, and an endless abundance of love. Some skills come naturally, many are learned. Discipline must be learned. As caregivers, we are responsible for teaching discipline to children. It takes time and practice, but it does get easier as children learn to control their own behavior. This process doesn't have to hurt you or the child.

What can I do when I feel out of control with a child?
Find a way to help yourself calm down so that you do not do or say something you will be sorry for later. Remember: What you do always teaches children what to do. If you lash out, children will learn to do the same. If you do lash out, apologize to the child. Saying "I'm sorry" teaches them what to do if they offend others.

What is the difference between discipline and abuse?
No reasonable adult will deny the need for disciplinary action when raising a child. The form of discipline imposed, however, must be reasonable for the situation and understandable to the child (D. Besharov, Recognizing Child Abuse 66 (1990)). Colorado statutes recognize and "take into account accepted child-rearing practices of the culture in which the child participates" (CRS 19-3-303).
Physical punishment should be restricted to those parts of the body that will not put a child's health in danger (Besharov, supra at 67). Even then, the punishment must not exceed certain limits. Examples of excessive punishment would be bruising or leaving cuts.
The intent of the punishment is to make the child understand a wrong behavior, not to instill fear.


 
What does the law say a parent's rights and responsibilities are to their child?
Parental rights include the idea of duties and obligations to the child and his/her welfare (CRS 19-4-102). While many consider the rights of a parent to be fundamental, they are not absolute (Prince, 321 U.S. 158). It is unacceptable conduct for a parent to purposely endanger the life or health of a child through physical, sexual, or psychological abuse (CRS 19-3-303).
The legal system further reflects the basic societal belief that children should receive at least a minimum standard of care. Following is a list of factors which the court would consider to determine whether a particular child was minimally well cared for. Does the parent:
  1. Express love and affection for the child
  2. Express personal concern over the health of the child
  3. Supply necessary food, clothing and medical care
  4. Provide an adequate home
  5. Give social and religious guidance
    Source: Conley v. Walden, 166 Mont. 369, 533 P.2d 955 (1975) Failure to provide this care at least minimally is considered neglect (CRS 19-3-102)

Parents are also required by law to protect their children from any sort of harm whenever possible. Insufficient action on the part of the parent to protect or seek medical care for his/her child can be considered neglect (CRS 19-3-102 to 103).


 
In what ways do our laws respond to possible abuse or neglect of a child?
If an investigation conducted by a law enforcement officer, a protective service worker, or other persons assigned by the court provides enough information to find that a child has been abused and/or neglected, a treatment or punishment approach can be taken. Depending on the facts of the case, two different agencies can be involved: protective services and county attorneys that work on civil child protection cases. Law enforcement and district attorneys can prosecute child abuse as a crime.
 
While criminal cases, which are directed at punishing the perpetrator, are more likely to attract public concern, they are much less likely to occur than a civil child protection hearing. An adjudicatory hearing is held in a civil, juvenile, or family court to determine if a child is dependent or neglected (CRS 19-3-505). The terms "dependent" and "neglected" are used interchangeably and stand for a single concept which includes child abuse (In re D.L.E., 614 P.2d 873 Colo. 1980). This child protective services hearing is completely separate from the criminal system, but may occur before, during or after any criminal case deemed necessary by the district attorney. At the civil adjudicatory hearing, the judge must first determine is a child is abused or neglected. Then, if there is enough evidence of abuse or neglect, the court may order a treatment plan for the parents who must follow and complete with some amount of success. The situation is reevaluated until a final decision is made as to the child's best interests.


 
Who can take a child out of the home?
Only a few public authorities can order removal of a child. Even they can do so only under limited and necessary circumstances. A court order to remove a child to foster care can be sought by protective services workers, law enforcement officers, hospital administrators, and physicians if they reasonably believe the child has been abused or neglected by a caretaker (CRS, 19-3-405). Judges in each district are available around the clock to grant the court order (CRS, 19-3-405).
 
If a child is in immediate danger, a law enforcement officer may take the child into protective custody without a court order (People v. Malczewski, 744 P.2d 62 (Colo. 1987) and Griffin v. Pate, 644 P.2d 51 (Colo. App. 1981)) . The officer must then notify the parents as soon as possible of the child's placement (CRS 19-3-405). A hearing must be held within 48 hours to determine whether further detention of the child is justified (CRS 19-3-405).


What happens if a child is taken into protective custody by a law enforcement officer or child protection worker?
After a child has been placed in protective custody, the child protection worker or law enforcement officer involved in the case must notify the parents of the child's placement and inform them of their right to a court hearing within 48 to 72 hours (CRS 19-3-405). A judge will then determine whether to detain the child further or return him/her home (CRS 19-3-405).


 
Once a child is removed, will the parent get him/her back?
Upon completion of an investigation, a child protection worker must decide whether the report of the child abuse is founded. If abuse is determined, the case worker can recommend a treatment plan to the parents (Besharov, supra at 186-188). Upon successful completion, the caseworker must decide if the behavior of the parents and the condition which created the abuse has been rectified.
 
When parents disagree with a case worker's recommendations the matter can be taken to court for an adjudicatory hearing (CRS 19-3-505). This is a civil hearing for a judge to determine if a child is dependent or neglected. If the child is deemed dependent or neglected, the judge can then order the parents to comply with a treatment plan (CRS 19-3-508). The parent(s) must convince the judge that the treatment is successful and the child will be safe at home.
 
Cooperation with a treatment plan, however, does not necessarily end intervention. If completion of the treatment does not assure the child's safety, a more drastic outcome may be sought (CRS 19-3-604). If substantial compliance with the treatment plan is not successful in correcting the conduct or condition which initially led to the removal of the child then termination of the parent-child relationship is proper In re D.M.W., 752 P.2d 587 (Colo. App. 1987).


 
How is it determined if a child is dependent, neglected, or abused?
The child protective worker plays a key role in child abuse cases. Once a case is determined to be abusive or neglectful, a case worker will recommend a treatment plan for the parents and child to rectify the abusive or dangerous situation (Besharov, supra at 186-188). Parents are under no obligation to cooperate with this plan, but it is often in their best interest to do so (Besharov, supra at 213-214). If parents refuse to accept treatment, the case worker can file a motion requesting a finding of dependency and neglect with a court (CRS 19-3-308). The result is an adjudicatory hearing in which a judge may declare the child dependent or neglected based on evidence given by the case worker (CRS 19-3-505), as well as the parents. The judge can then order the parent(s) to comply with a treatment plan (CRS 19-3-508), if appropriate.
 
A case worker has the power to close a case, thus ending intervention, if the parent(s) voluntarily sought successful treatment and the child is out of danger, and thus a court was not involved. If treatment was ordered by the court, a case worker can influence a judge's decision as to the success of the treatment and future safety of the child (CRS 19-3-509). In the cases where treatment is unsuccessful, a case worker can suggest the termination of the parent-child relationship as a last resort (CRS 19-3-604). The final decision on forced relinquishment of parental rights is up to the judge (CRS 19-3-602).


If the court finds that a child is dependent, neglected, or abused, what can the court do?
If a judge finds a child to be abused or neglected, he/she may order a treatment plan for the parents. The court has a number of options in placing the child during the period of treatment. One or both of the parents may take legal custody with supervision by child protective services (CRS 19-3-508). If the child is in danger at home, the court can place him/her in foster care with relatives or an agency placement (CRS 19-3-508). A visitation schedule may be drawn up for the parents whose child is placed out of the home.
 
Once the treatment plan has been completed, the judge must evaluate its success. If further treatment is needed, the judge can order a continuation for six months (CRS 19-3-508). Successful completion of the treatment plan, and the assurance of the judge that the child will remain safe, ends intervention from child protective services. When it is apparent that no treatment will be successful, the judge may need to take a more drastic step.
 
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Source for News : URL: http://www.medicalnewstoday.com and Reuters
 


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