Wednesday, June 2, 2010

Don't You EVER Touch My Child

In local news today a parent accompanying his child's class on a field trip is being charged with various things for assault on some of the children. Reading the comments in my lovely little state often makes me sick, and this is no exception. One of the commenters actually justified the man hitting one child, boxing another child's ear, and grabbing another so hard a mark was left. He cites the following Home State law as evidence that this man was within his legal rights.

53A-11-802. Prohibition of corporal punishment -- Use of reasonable and necessary physical restraint or force.
(1) A school employee may not inflict or cause the infliction of corporal punishment upon a child who is receiving services from the school, unless written permission has been given by the student's parent or guardian to do so.
(2) This section does not prohibit the use of reasonable and necessary physical restraint or force in self defense or otherwise appropriate to the circumstances to:
(a) obtain possession of a weapon or other dangerous object in the possession or under the control of a child;
(b) protect the child or another person from physical injury;
(c) remove from a situation a child who is violent or disruptive; or
(d) protect property from being damaged.
(3) (a) Any rule, ordinance, policy, practice, or directive which purports to direct or permit the commission of an act prohibited by this part is void and unenforceable.
(b) An employee may not be subjected to any sanction for failure or refusal to commit an act prohibited under this part.
(4) A parochial or private school may exempt itself from the provisions of this section by adopting a policy to that effect and notifying the parents or guardians of children in the school of the exemption.

As the parent was not an employee of the school (which is a public school) section 1 does not apply.

This man was not defending himself or another child. The kids were being disruptive and rowdy on the bus, which can be unsafe. However, his actions do not (in my opinion) constitute reasonable and necessary restraint or force. Section 2 does not seem to apply.

3 and 4 are moot.

So in essence, these people are saying kids are jerks and they deserve to get smacked around.

You have GOT to be kidding me.

1 comment:

  1. that is crazy! I don't have a problem with people who spank their kids but to spank someone else's kid!? So wrong! I'd be so mad if I found out someone physically punished my child, and for just being a child nonetheless!