Justices address parental discipline

Michael W. Hoskins
January 1, 2008
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A mother who spanked her 11-year-old son with a belt or extension cord didn't cross the line between parental discipline and abuse, the Indiana Supreme Court has ruled.

In its 4-1 decision late Tuesday in Sophia Willis v. State of Indiana, No. 49S02-0707-CR-295, the state's high court established a bright-line rule on parental discipline privilege that it hasn't addressed since the adoption of the Indiana Criminal Code.

Sophia Willis was charged and convicted of battery as a Class D felony for spanking her 11-year-old son with a belt or extension cord. Marion Superior Commissioner Danielle Gaughan used her discretion to enter the judgment as a Class A misdemeanor and sentenced Willis to one year in prison with 357 days suspended to probation, which the Court of Appeals affirmed.

Willis was disciplining her son for a February 2006 incident of stealing her clothes and taking them to school to give away, which a teacher contacted her about. After sending the child away for the weekend, Willis was unable to resolve the situation and decided to use corporal punishment, attorneys said. The child reported the incident to school officials, who contacted child protective services.

In upholding the trial court's decision, the appellate judges echoed a concern that there is precious little Indiana caselaw providing guidance as to what constitutes proper and reasonable parental discipline of children, and no bright-line rule existed.

"We sympathize with Willis's argument that she is a single parent who is doing the best that she can, be we cannot condone her choice to whip her child with an extension cord to the point of causing him pain," the court wrote at the time.

The Indiana Supreme Court granted transfer last summer and heard arguments in September. It now has vacated Willis' conviction, finding the state didn't disprove her parental discipline privilege defense.

Determining that the Model Penal Code doesn't adequately identify permissible parental conduct in disciplining children, the court relied on the Restatement (Second) of Torts in providing guidance to trial courts on establishing reasonableness of punishments and force used in these types of cases.

Some factors include the age, sex, and physical and mental condition of the child, nature of the offense and the motive, and whether that force was disproportionate to the offense or unnecessarily degrading. But the court added that this list isn't exhaustive and other factors could be taken into consideration depending on the case facts.

Comparing that guidance to Willis, the court noted that the mother had used progressive forms of punishment and that the boy had also testified the swats hurt "for a minute" but not the next day at school.

"We find nothing particularly degrading about this manner of punishment. Nor, in context, is it readily apparent that the punishment was disproportionate to the offense," Justice Robert Rucker wrote, adding that the record reflects also that the bruises weren't serious or permanent.

Justice Frank Sullivan dissented, noting how many appeals the court sees relating to child abuse where parents claim they were reasonably using force to discipline children. He wrote this is a policy change best left to the legislative and executive branches, not the judiciary.

By authorizing parents to impose "as much force as they believe is necessary ... the Court increases the quantum of effort that the State will be required to expend in its efforts to protect children from abuse. As such, the Court's opinion constitutes a change in our State's policy toward child abuse."

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.