The RAnts of RA

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:

1. She has not “fixed” her no-spank proposal; she has only adopted a different strategy;
2. AB 755 is an anti-spanking bill “in disguise” and would have the effect of abolishing most spanking without using language directly outlawing spanking.
3. 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
4. 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:

1. A mandatory minimum period of probation of 48 months.
2. A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.
   1. 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.
   2. 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.
3. 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.
4. 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.

Related Articles

• AB 755 Action Alert
• AB 755 Alert Supplement
• Read AB 755 – Corporal punishment
• CA: Spanking Ban
• California News Archive

In recent years we’ve heard a great deal about missing and exploited children. As any parent can testify our heart goes out to that family, when ever a child is missing. It’s your worst nightmare come true.

What if the state removes a child from their home without just cause? Without following proper investigative procedures? What if the state then takes further unfair advantage of a family by publicly charging a parent with kidnapping?

If you think it can’t happen. Think again.

As a previous foster child, who has witnessed first-hand the games social workers play with the emotions of children and their parents, I wish I could tell you it’s a rare occasion, but that would be a lie.

A quick glance on the Child Abduction Section of the Los Angeles County District Attorney’s website will show the truth.

Child abduction is a serious and traumatic crime. While everyone has become aware of  frightening “stranger kidnappings,” abductions are most often carried out by people who  know the child. The District Attorney’s Office is committed to combating both types of  abductions and to protecting the custody rights of parents and legal guardians throughout  Los Angeles County.

While I certainly can sympathize with any parent who’s child is missing. One parents rights do not take precedence over the others’. This is why divorce is such a terrible thing. A child can not be split in half. In most cases, the non-custodial parent is not a threat to the well-being of the child.

Let’s focus on those cases where the child has been “kidnapped” from the state. The child has been ripped from their mothers arms, the only security he/she has ever known and  placed into foster care.

A reasonable person would argue, that the parents must have done something wrong. The state doesn’t just come in a steal a child for no apparent reason.

You are right, of course.

Government Supported Kidnapping

The state doesn’t just take a child for no reason, they take them for a much more sinister reason. Money! We aren’t talking just a few bucks here and there. We are talking about a billion dollar industry, compliments of our Federal Government.

Warehousing children has become big business over the past twenty years.

For fiscal year 1998,  Federal expenditures to States for major child welfare programs  exceeded $4.5 billion. This figure includes child welfare services, foster care,  adoption assistance, and family preservation and support, but excludes Medicaid dollars, an important source of treatment funding for children and families.

Parental Abduction

Every last child on display has been abducted by a parent, not a stranger.

It’s a perfect racket, really. Children are abducted by “caseworkers”  on a flimsy excuse such as having a “dirty house” or “educational  neglect,” then placed in foster care. The state receives money for each child  placed into the system, they are paid again when the child is moved and yet again, when that child is adopted.

The worst part is that low or modest income families are most often targeted, in courts  set-up to prevent justice from taking place. Parents are gag-ordered by the judge and  prevented from talking about their case — to “protect the  child’s  privacy.”

The parents are often forced to submit to psychological evaluations, at their own  expense — which they most likely can not afford, by psychologists who are on the  courts payroll and find in the courts favor every time.

If a family is provided legal council the attorney is often ill prepared at best,  in the courts debt at worst, and at times refuses to do even the least bit of  research on the families behalf.

Financial Ruin

A family who was barely making ends meet before the children were abducted, now finds themselves  in dire straights, putting everything on the line for that chance the court will find mercy  and return their children.

If the parents are lucky enough to have the children returned, the family is often totally destroyed. The children, traumatized by their ordeal, are unable to sleep, revert to bed-wetting  if they were potty trained, are terrified of being removed again. They often lash-out at anyone  and everyone.

Their trust in their parent has been destroyed. Their secure little world has been ruptured. They now know their parent is powerless to protect them. Most will require many years of therapy and life will never again be the same for them.

I have purposely avoided using specific case histories here. Not because they don’t exist, because they do, in the hundreds of thousands, each and every year. However, the individual stories are in many cases so outlandish as to be considered fantasy. I can assure you this is far from fantasy and is in fact, a parents worst nightmare.

You are probably wondering what you can do. You can start by questioning every story you see in the media. Ask yourself…What details have they left out? What aren’t they telling us? The media puts a slant on every story they report, often omitting vital facts of the case.

If you know someone who has lost their children to the state, be there for them. Lend them moral support. Offer to go to court with them, be a character witness and write letters.

Parents are not perfect and often make mistakes in their parenting. The vast majority are not monsters and want the same things you want for your children.

It is not a crime to be poor. Support parents rights.