CA: Oppose AB 755
Child and Family Protection Association recently issued an alert on California Assembly Bill 755 (AB 755) and while I agree that this bill creates a huge problem for parents of young children. I really think they miss the point.
The alert highlights the following points of contention:
AB 755 (Assembly Member Sally Lieber) – Prohibition of Spanking Opposition Points to Share with Legislators
Position: Strongly Oppose
Status: AB 755 (introduced 2/22/07)
Assembly Member Sally Lieber’s first proposal to address all spanking of children ages three and under was never introduced as a bill, apparently due to much opposition. However, contrary to claims originating from her office:
- She has not “fixed” her no-spank proposal; she has only adopted a different strategy;
- AB 755 is an anti-spanking bill “in disguise” and would have the effect of abolishing most spanking without using language directly outlawing spanking.
- Lieber believes that all “good parents” never spank their children; that only “bad parents” do, and therefore “good parents” do not need to be worried about her bill; and
- When Lieber claims that her bill only deals with child abuse, remember that she believes that all spanking, by definition, is child abuse. Her strategy in AB 755 is to treat all spanking with an object as criminal child abuse. She has deliberately failed to make any distinction between spanking as a method of discipline and true child abuse.
AB 755 would amend Penal Code 273a, which currently makes it a crime to cause unjustifiable pain, harm, or injury to any minor child. AB 755 would create a new “rebuttable presumption” that physical pain or mental suffering inflicted upon a child is unjustifiable if it is caused by any of the seven kinds of actions, which are listed in AB 755.
The first of the seven actions listed is: “the use of an implementation, including, but not limited to, a stick, a rod, a switch, an electrical cord, an extension cord, a belt, a broom, or a shoe.” This first action includes the act of spanking with an implement (i.e. an object other than using one’s hand).
The significance of the new “rebuttable presumption” in AB 755 is that regardless of any circumstances, the police and District Attorney would have to consider all spanking with an implement to be unjustifiable. Parents would have the difficult task of proving (rebutting the charges) that the spanking was justifiable to the satisfaction of the court in a criminal trial in order to avoid being sent to jail for up to one year or receiving other penalties. The case also could be referred to Child Protective Services (CPS) and Juvenile Court, which could result in the possible temporary or permanent loss of custody of their children.
Roy M. Hanson, Jr.
Child and Family Protection Association
Alert issued April 12, 2007
PO Box 730
Lincoln, CA 95648-0730
Let’s put this all in perspective. The only way a parent would ever get caught up in this trap is by being reported by a childcare worker or medical personnel. This means that more parents will think twice before seeking medical attention.
The proposed legislation also requires; if a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:
- A mandatory minimum period of probation of 48 months.
- A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.
- A Successful completion of either a nonviolent parental education class approved by the probation department or no less than one year of a child abuser’s treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in either the class or the program immediately upon the grant of probation.
- The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees.
- If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her probation officer.
- The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.
This bill, as it is written, will provide a huge influx of cash for those offering parental education classes, treatment counseling programs and require more probation officers to be hired and more business for drug testing facilities. All of these “services” provided at the cost of the accused.
Those who are familiar with our court system know that it is currently next to impossible to get a fair trial. This bill will increase the caseload on the court system and does nothing to provided added protections for children.
In short, this bill is a smoke screen – a band-aid that does nothing but rake good parents over the coals and empty their wallets. You’ve heard the fraise “As California goes, so goes the nation.” If this bill is passed, you can expect to see similar legislation passed in many more states.