I am preparing for a hearing on an order of protection filed by the mother of child who was disciplined by the father over a homework disagreement. I represent the father. Without getting into intimate details, my client barely laid his hand on the child. No bruises, marks, etc. I came across this language in case while doing some research. I thought you might be interested.
They're infringing upon my client's constitutional rights!!! Does anyone have Professor Schlam's phone number?!!??!
A parent's "right" to corporally punish his or her child is derived from the right to privacy, which is viewed as implicit in the United States Constitution. This right to privacy encompasses the right to care for, control, and discipline one's own children. "Discipline" has been interpreted by the courts to extend to reasonable corporal punishment. In Re F.W. and C.W., Minors, 261 Ill.App.3d 894 (4th Dist. 1994).
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Good Luck! The law is on your side! Here is his info in case you were really looking for it!
Schlam Lawrence 815-753-0140 lschlam@niu.edu Prof College of Law Faculty SP 196B
The courts have looked at the difference between just corporal punishment (which is appropriate) and excessive corporal punishment which is not appropriate. There is lots of caselaw on this....In re Aaronson 65 Ill.App.3d 729, In re J.P., 294 Ill.App.3d 991. In re S.M., 309 Ill.App.3d 702, In re DMC 107 Ill.App.3d 902 and In re LM 189 Ill.App.3d 392
It is all related to the Juvenile Court Act but discusses when corporal punishment becomes excessive and therefore abusive.
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