ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
©1996 by Steven Pradell
Parents, teachers and those responsible for children find themselves in situations when severe discipline of a child appears to be the only appropriate solution to remedy behavior problems. This article addresses the issue of corporal punishment, which means physical punishment, of children.
"Spare the rod, spoil the child" is a proverb from the Bible which came to America with the pilgrims. Until recently, corporal punishment has been acknowledged and approved as an appropriate tool to discipline children. In the past, children have been tortured and killed by teachers and parents in the name of discipline. Over the past few decades, the rights of children have begun to be heard and child abuse issues have received national media attention. Legislatures have enacted statutes preventing those responsible for children from using excessive force as a disciplinary technique. The focus has shifted away from the right of adults to control children towards the rights of children to be free from harm.
In Alaska, if a public or private school teacher, officer, social worker, child care provider, or counselor has reasonable cause to suspect that a child has suffered harm as a result of child abuse, they must immediately report the harm to the nearest office of the State Department of Health and Social Services. If a teacher has committed the alleged abuse, a report is made to the chief administrator of the school or district and the Professional Teaching Practices Commission. Today, Alaska's teachers are not free to use physical force upon their students.
There is no law preventing a parent from using corporal punishment to discipline their children. However, there is no specific definition in Alaska law which tells a parent when that discipline constitutes child abuse. Each case is different, and a court will focus on the facts and circumstances involved in determining whether a parent has abused a child. In extreme cases, the state can determine that an abused child is a child in need of aid, ask the court to terminate a parent's rights and to place an abused child in a safer home.
In a custody proceeding, a judge in Alaska can consider the physical needs of a child, evidence of domestic violence, child abuse or child neglect in the home of a parent who desires custody, or a history of violence between the parents. Parents should carefully consider all options before resorting to corporal punishment. These include time-outs, reward systems and reduction of privileges. There are many books which describe effective disciplinary techniques which can be employed to cause children to modify their behavior. Dare to Discipline is a book by James Dobson, Ph.D. which discusses this topic in detail. Parents who are firm and consistent in their approach, who follow through with the rules they set and the punishments which they create, may find that the need for physical discipline is reduced or eliminated over time. A parent accused of child abuse faces an uphill battle in attempting to defend against these allegations. Learning non-physical ways to control children may benefit both parent and child in the long run. Children may harbor anger against a parent who uses corporal punishment excessively, unfairly, or too often.
If you desire to learn more about your rights and responsibilities concerning the laws relating to the discipline of children, it may be wise to speak with a lawyer.
Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including children's issues, divorce, custody, child support and adoption. ©1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose. The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).