When is Spanking a Grounds for Termination of Parental Right

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Dazeemay
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When is Spanking a Grounds for Termination of Parental Right

Postby Dazeemay » Sat May 13, 2006 7:03 pm

Case Law Development: When is Spanking a Grounds for Termination of Parental Rights?

The Texas Court of Appeals concluded that "infrequent spankings of a child that leave "marks" or visible bruises 24 hours after the spanking" did not provide clear and convincing evidence of a parent's endangerment of the child to justify termination of parental rights. The court's opinion explores the propriety of corporal punishment, noting that it is "an increasingly controversial subject." The court cites a variety of cases from other jurisdictions and statistical reports on the declining frequency of corporal punishment, citing Deana Pollard, Banning Child Corporal Punishment, 77 TUL. L. REV. 575, 582 (2003). The court also cited studies regarding the prevalence of corporal punishment and suggestions that this may be an effective discipline tool. The court concluded that it is "not a court's function to determine whether parents measure up to an ideal, but to determine whether the child's welfare has been compromised." The court held that the evidence in this case was "both legally and factually insufficient to support a termination of parental rights."

In the Interest of J.A.J., 2005 Tex. App. LEXIS 10331 (December 13, 2005)
Opinion on the web at http://www.14thcoa.courts.state.tx.us/o ... onID=81549 (Last visited December 19, 2005 bgf)

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This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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