Legal Question in Family Law in Virginia

I am a male caregiver for children. I will be a Foster Parent (not therapeutic , not caring for those who have been physically abused) but for those who need a loving person in there lives and I need to know if I can discipline the same way I have with children who are not in foster care, boys and girls ages 8 to 14 or 15 years old.

Discipline methods: Taking away privileges, extra chores, grounding, (other ways that are creative), and spanking. With spanking I place the child over my lap then lower the underwear and spank with hand. Always in private room.. I never leave a mark or anything abusive ever.. Is spanking this way legal between the ages of 8 and 14 or 15? Please say legal or not legal, and if legal please let me know if there are any discrepancies like age limit or anything you know. It is very important to me.

Thank you sincerely.


Asked on 5/08/14, 1:32 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

In regard to the administering of corporal punishment by parents or other lawful custodians of minor children there is nothing in the Code of Virginia that relates to this particular issue (as far as I am aware) and which apparently the state legislature in its sound discretion (in my opinion) has wisely left to parents or other lawful custodians/caregivers of minor children to determine.(And, therefore, I decline to to "say legal or not legal".)

However, that doesn't mean that you as a foster parent would not be expected to adhere to other rules or guidelines which may relate to this issue

which are laid down by the local Department of Social Services which actually has legal custody of the child for whom you may be caring as a foster parent, and therefore you would be well advised (in my further opinion) to check with this agency to determine what its policies may be in regard to this particular issue

and which you would be expected to scrupulously adhere to as a foster parent of such a child.

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Answered on 5/09/14, 10:10 am
Michael Hendrickson Law Office Michael E. Hendrickson

On further thought regarding the specific method of corporal discipline, i.e., spanking the bare bottoms that you would propose

to use on foster children who would be in your care and custody although

still wards of the Commonwealth, I find it most unlikely

that you would be given approval to resort to such methods and, even if

such were not the case, I would have to strongly counsel

against such disciplinary action being administered to any children under

any circumstances, not only for the protection of such children

but also for your own as a foster parent.

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Answered on 5/12/14, 7:03 am


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