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Is Spanking / Corporal Punishment Allowed at Day Care Centers, Summer Camps, or Schools? The Legal Rights of the Injured Child

By  David Wolf, Attorney

Published by Child Injury LawyeBlog

Building Blocks Glossy - P - Day Care CenterUnfortunately, spankings and corporal punishment are still prevalent in many communities.  It is a tradition that has been literally handed down from generation to generation.  While there may be some time and family history to spankings and corporal punishment, the fact is that most States ban such activities and disciplinary measures in most day care centers and child care facilities.  Some church based or religious based institutions may have an exception from such State regulation.  Even in circumstances where spankings and corporal punishment are permitted, there are still child abuse laws in place that make it actionable or criminal if the spanking or corporal punishment is excessive and causes physical marks and / or the need for medical evaluation and treatment.  Clearly, the best way to make sure that a child is not subjected to excessive corporal punishment is just to refrain from it completely.   Corporal punishment and spankings put a child at risks especially by an adult who does not fully realize the size differential and the force that is applied when engaged in corporal punishment or spankings. Furthermore, it should be noted that many day care providers are angry when giving out punishments which can lead a day care provider to be out of control and really cause significant permanent injuries to the child.

Every parent of a child enrolled in a day care center should be familiar with the state and local rules and regulations regarding spankings and corporal punishment.   If a day care center engages in activities that are banned, a parent should be wary about keeping a child enrolled in the facility.  Furthermore, it should be noted that the state and local day care laws and regulations are in place to protect the children from harm, abuse, and injuries.  It is not up to the day care center OR the parents to pick and choose which rules and regulations should be followed and which should be ignored. 
If a child has been subjected to improper and / or excessive physical punishment at a school, day care center, summer camp, or at any other facility, the parents should seek out legal representation to discuss the respective rights of the victimized child and the potential courses of action.  
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