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Appellate court addresses parental privilege in 2 opinions

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In two cases involving the parental privilege defense, the Indiana Court of Appeals ruled in favor of a teacher who “flicked” a special education student’s tongue and against a father hit his daughter numerous times with a belt.

In Trinda Barocas v. State of Indiana, No. 49A02-1007-CR-732, special education teacher Trinda Barocas appealed her conviction of Class B misdemeanor for “flicking” the tongue of a student with Down syndrome. Barocas had twice told the student to put her tongue back in her mouth and when she didn’t, Barocas flicked her tongue, causing the student to wail and cry.

Barocas argued she wasn’t guilty because teachers have qualified immunity for reasonably necessary disciplinary acts. Parents have legal authority to engage in reasonable discipline of their children, even if that conduct would otherwise be battery, and that justification has been extended to teachers, within reason, wrote Judge Melissa May. The judges looked to Willis v. State, 888 N.E.2d 177, 180-81 (Ind. 2008), which discussed the parental privilege defense and noted for the state to sustain a conviction of battery where a claim of parental privilege has been asserted, the state must prove either the force the parent used was unreasonable or that the parent’s belief that such force was necessary to control the child and prevent misconduct was unreasonable.

The appellate court found Barocas’ force against the student was not cruel or excessive, and it doesn’t rise to the level of “unreasonable force.” The judges were unable to find any decision in which a parent or teacher’s conviction of battery was upheld based on the use of force as minimal as that used by Barocas, wrote Judge May. The state also didn’t prove the second element of the test adopted in Willis – that the teacher was unreasonable to believe a physical prompt was necessary to control the student’s behavior of sticking out her tongue. They reversed Barocas’ conviction.

But in Jeffrey L. Hunter v. State of Indiana, No. 49A02-1011-CR-1224, a different Court of Appeals panel ruled against father Jeffrey Hunter who argued his Class A misdemeanor battery conviction should be reversed because the evidence didn’t rebut his parental privilege defense.

Hunter had ongoing disciplinary issues with his 14-year-old daughter B.H. and after finding out she had someone forge a signature on a permission slip to go to Indiana Beach, he ordered B.H. to strip down to her underwear and come to him in the living room. When she wouldn’t tell him who paid for the trip, he hit her around 20 times with a belt, leaving injuries that were still present months later. The “degrading and long-lasting physical effects” of her injuries differentiate this case from Willis and the appellate court concluded he used unreasonable force. They upheld his battery conviction.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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