Views on corporal punishment for children changed over time

Published 6:12 pm Monday, April 14, 2014

Editor’s Note:

This is the second story in a joint series on child abuse by the Hermiston Herald and East Oregonian in conjunction with a One Book One Community effort.

For years, child psychologists, other scholars and parents have debated whether corporal punishment is an acceptable form of discipline for children both in school and in the home.

Spanking is currently legal in all 50 states, but people are split on whether it serves as a beneficial tool to discipline children or if it does more harm than good. Oregon banned corporal punishment in schools in 1989, however, reasonable physical force is allowed in the home, and there are a few states that still allow corporal punishment in school.

Oregon Revised Statute 161.205 (1) states: A parent, guardian or other person entrusted with the care and supervision of a minor … may use reasonable physical force upon such minor … to the extent the person reasonably believes it is necessary to maintain discipline or to promote the welfare of the minor.

More specifically, according to guidelines set by the Oregon Department of Human Services, the easiest kind of physical abuse to recognize is something that leaves physical marks like bruises or burns. While spanking is legal, it can potentially become abuse if the contact leaves marks or bruises on the child.

Linda Olson, the DHS children, adults and families district manager for Morrow and Umatilla counties, said while minor forms of physical force, such as spanking, are considered legal by the states definition, spanking is not encouraged by DHS because there is a fine line between reasonable physical force and abuse. She said what used to be acceptable when physically disciplining children is now discouraged as youth may suffer from devastating mental and emotional problems that can last into adulthood.

Hermiston child psychologist Jennifer Cooper said she believes positive societal shifts in the last 20 to 30 years have led to the change in what is considered acceptable physical discipline.

We have come a long way in terms of how we discipline our kids, she said. It used to be that kids would have to listen or they would get spanked, but there is a lot of implications with spanking kids. Corporal punishment damages a kids self esteem and motivation. Spanking harms more than just physically, but also emotionally.

Cooper said not every parent who spanks his or her child is abusive. She said, however, many people who were spanked as children dont think they were abused but would never do that to their own children.

Corporal punishment in schools

In the school setting, Hermiston Deputy Superintendent Wade Smith said spanking may be legal in the home, but most physical contact with a student from a teacher is strictly discouraged and, in most cases, forbidden. Any kind of corporal or physical discipline is strictly illegal, he said.

Obviously, it is something that we take very seriously, he said. The state has passed numerous legislation regarding corporal punishment We can no longer place a hand on a student or physically direct them in any way.

Smith said the exception is with teachers and administrators who have had restrained and seclusion training to deal with students who need to be physically restrained. For the majority, however, district employees are largely encouraged to refrain from any type of physical contact with a student unless it is absolutely necessary.

The first state to outlaw corporal punishment in schools was New Jersey in 1867, although the next state didnt follow suit until more than 100 years later. In 1971, Massachusetts banned corporal punishment within public schools, which had a domino effect. Since that time, 19 states and the District of Columbia have passed similar legislation, with the majority of those states banning corporal punishment in schools in 1989. Most of the 19 states that still permit corporal punishment in public schools are in the South.

Reporting abuse

Smith said all district employees are trained annually on their reporting obligations when they suspect abuse is taking place in the home or off school grounds.

Ninety-nine times out of 100, these situations are occurring at home or off campus, he said. We have a legal obligation to report those.

That is the first thing we do every year: make sure that all staff is aware of that.

Smith said district staff can either file reports to the local police department or to the Oregon Department of Human Services. Smith said he recommends that employees first go to the principal, who would then call the schools resource officer or DHS.

I, myself, have reported to DHS many times before, he said. I have their 1-800 number pinned right to my phone.

Smith said the district takes reporting child abuse very seriously, and many teachers across the country have lost their teaching licenses because they failed to report child abuse.