Were you spanked as a child? Do you spank your own kids? For many parents, corporal punishment is considered the norm. However, in the eyes of the state, the issue may not be so straightforward. It’s not uncommon for parents to cite the fact that they themselves were spanked, “whooped” or otherwise hit as children when defending their use of corporal punishment. But times have changed and today’s parents need to understand the fine line between what constitutes “discipline,” and what might be better described as abuse.
If you believe spanking, using a belt or relying on any form of physical punishment is acceptable in your home, research tells us that it might just be time for you to reconsider. Regardless of how you were raised, it’s never too late to break the cycle of abuse and find new ways of teaching and disciplining your children. What’s more, parents in Maryland have a legal obligation to discipline their children without crossing the razor-thin line into child abuse. Let’s discuss some of the nuances of using corporal punishment as a disciplinary tactic and explore what Maryland state law has to say about the line between effective discipline and child abuse.
Corporal punishment has consequences
If you asked most parents to define “discipline,” they would likely say the purpose of discipline is to teach children right from wrong and discourage unwanted behaviors. However, frustration, anger and other extenuating circumstances can sometimes lead parents to cross the line and resort to potentially harmful disciplinary actions. Physical punishment, such as spanking or whipping, is one such practice that often creates more problems than it solves for parents, guardians and the children involved.
Research consistently shows that corporal punishment is not only ineffective but also potentially harmful. A growing body of evidence supports the connection between Adverse Childhood Experiences (ACEs) and negative health outcomes in children, both physically and mentally. Child abuse is one of the well-researched ACEs that can have severe and long-lasting effects on young people’s health and happiness.
“But it’s not abuse – it’s just discipline,” you say…
Even though you may have experienced various forms of corporal punishment as a child does not mean that those same disciplinary approaches are considered appropriate by today’s standards. Each state has its own standards with respect to defining the line between discipline and child abuse, but parents from all states should work to understand the key signs that their punitive measures may be veering into dangerous territory:
- Physical harm: Corporal punishment crosses the line into abuse if bruises, welts or other injuries occur as the result of physical discipline.
- Fear-based intent: Discipline driven by anger or used as a fear tactic is ineffective at helping children learn and understand what constitutes appropriate behavior.
- Behavioral changes: If parents notice their children are acting out or becoming withdrawn, this may be a sign to reconsider the use of physical discipline.
- Confusion: Sometimes, parents may observe their children avoiding certain behaviors or situations without being able to articulate why. This often indicates that the child is acting out of fear rather than a clear understanding of the behavioral expectations set for them.
What does Maryland law say about corporal punishment?
In Maryland, crossing the line from discipline to abuse isn’t just a parenting misstep — it could be a criminal offense. While Maryland’s state code recognizes that parents should have the right to discipline their children as they see fit, it also maintains that disciplinary tactics should be restricted to what is considered “reasonable.”
This can create challenges for child protection agencies, family courts, and other entities responsible for ensuring children’s safety, as the law does not clearly define what constitutes “reasonable.” However, the state code makes clear that physical AND mental injuries can be considered evidence of child abuse and grounds for legal action against a parent or guardian.
What are the consequences for child abuse in Maryland?
Under Maryland state law, all adults in Maryland have a legal obligation to report any and all suspected child abuse to the authorities. Given the fact that domestic violence cases often do not require a significant amount of evidence in order to move forward, parents who engage in corporal punishment could easily find themselves facing legal challenges if a member of their community suspects a child is in harm’s way.
Here are a few examples of potential consequences for parents and guardians engaging in child abuse:
- Criminal charges: Individuals accused of child abuse may face felony charges in a court of law. If found guilty of these charges, parents or guardians may face severe legal consequences, including up to 40 years in prison, depending on the severity of the harm caused.
- Protective orders/removal: If the Department of Social Services (DSS) determines that a child is the victim of abuse or neglect, the Department’s priority is to find the most appropriate permanent placement for that child. In some cases, this may result in a child being removed from his or her home and placed in a foster home or with protective orders being taken out against the parent or guardian deemed responsible for the abuse of the child in question.
- Social ramifications: Even if criminal charges against a suspected abuser are not successful, accusations of child abuse can have dire consequences for a parent’s public reputation and place strain on personal and professional relationships.
I’ve been using corporal punishment to discipline my kids. Is it too late to change?
We get it – sometimes change is hard, and all we can do is our best. Even still, it’s never too late to learn new things and implement changes for the good of your family. If you’re worried that your prior disciplinary tactics may have been out of line, take steps today to make the necessary changes. The first step is to acknowledge the gravity of the issue and to begin engaging in open, honest conversations with your child, as well as any other adults who are a part of your household.
The best thing you can do today is apologize and acknowledge any harm you may have caused while committing yourself to honing healthier and more effective parenting strategies. Breaking the cycle of abuse is difficult, but the long-term benefits of finding safer ways to engage with your children will far outweigh any initial challenges. By modeling these behaviors, you also teach your children the skills they need to grow into healthy, happy adults—and possibly raise well-adjusted children of their own one day.
Facing abuse allegations? Seek legal help ASAP.
Remember, even if you think the forms of discipline you’ve been practicing are “no big deal,” it only takes one person to report suspected child abuse to get the legal ball rolling. Beyond the well-documented harmful effects of physical discipline upon children, the potential legal ramifications of being charged with child abuse far outweigh any supposed benefit of relying on corporal punishment to teach children right from wrong.
Being accused of child abuse is a serious matter that requires immediate action. Whether the allegations are true, exaggerated, or completely unfounded, your next steps are critical. At Drew Cochran, Attorney at Law, we specialize in navigating the complexities of domestic violence cases. We’re not here to judge or scold you — we’re here to help you exercise your rights and protect your future. With decades of experience, our team has what it takes to help you build a strong defense so you can work toward securing the best possible outcome for you and your family.
Don’t face this alone. If you’re in Annapolis, Ellicott City, or anywhere in Maryland, give us a call or contact us online today to get out in front of the potentially dire consequences of these serious allegations.
Remember: Keep calm and call Drew. We’ve got you.
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