Legal Question in Family Law in Maryland

spankings

What are the laws in Maryland regarding the spanking of a child ? Is there any part of the body that when spanked is considered child abuse (e.g. a spank on the butt , smacking on the top of the head, spanking the hands or spanking the legs )?


Asked on 11/26/01, 12:22 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: spankings

There is no law per se against spanking your own child, but there is a law that prohibits cruel and inhumane treatment of a child. Basically, this means that the punishment must fit the crime. If the spanking or other method of corporal punishment is so extreme that the child is injured, you've probably violated the law. If a child requires hospital treatment and the medical personnel see evidence of physical contact, they'll report it.

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Answered on 11/26/01, 4:58 pm
Carolyn Press Chung & Press. P.C.

Re: spankings

There is no law which spells out which body parts may and may not be legally spanked. Maryland law (Family Law Article, section 5-701) defines child abuse as any act which causes physical or mental injury to a child or which creates substantial risk of injury. Since merely shaking a small child can cause brain injury, it would seem obvious that any hit to the head would be abusive, and therefore against the law. A "spanking" can be very light, of very hard, and the force used may determine what is abusive. If a spanking results in bruises or red marks on the child, or goes on for a long time, it will be considered to be illegal child abuse. Children are pretty fragile, and it's easy for an adult to cause injuries without realizing it.

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Answered on 12/06/01, 10:56 am


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