Have you heard the case in Texas of the mother who spanked her child, and lost custody of her 3 children because she admittedly spanked her daughter back in December and the paternal Grandmother brought the young girl to the hospital for “red marks” on her butt! Oh, come on! I was spanked in my youth and I still love my parents and I turned out okay.
First of all “someone” might want find out if the paternal Grandmother had previous bad blood with Rosalinda . . . I’ve heard different stories, but there might be a custody battle going on between the parents and since she’s his mother how does anyone know grandma’s speaking the truth? How does anyone know that the red marks are from the spanking? Who the hell are the Government (this judge) to be the ones to go against the written Texas law that says:
Abuse does not include reasonable discipline by a parent/guardian/managing or possessory conservator if child not exposed to substantial risk of harm. Family Code Sec. 261.001.[Ci.] Parent/stepparent/person standing in loco parentis to child is justified to use non-deadly force against a child under 18 when and to degree the actor reasonably believes necessary to discipline, or safeguard or promote child’s welfare. Penal Sec. 9.61.[Cr.]
Now, I do not know this woman’s previous history but I do know that the judge of the case had no right to over-rule the law in place. “You don’t spank children today,” said Judge Jose Longoria of Corpus Christi’s 214th District Court to Rosalinda Gonzales. “In the old days, maybe we got spanked, but there was a different quarrel. You don’t spank children.” Really? Who the hell is he to decide this, there are laws in place for a reason. You try reasoning with a rambunctious 2 year-old who has just run into the street. You be the parent trying to explain to a 3-year old brother why pushing a stroller with little brother into oncoming traffic isn’t just something we “discuss”. You cannot reason with a child that young, but sometimes a spanking on the butt may make them take notice of the severity of said infraction. Think about it. If it’s between life and death and a spanking, what would you choose?
When my son was 18-months and mysteriously snuck out his “safety” window and ended up on our roof, I cried and slapped his hand repeatedly at every window around the house repeating “NO!” No touch, like an hysteric, what would you have done, had a conversation? I think I got through to him, he never touched a window again, but the fright of that moment was awful and you could not have told me to give him a time out or try to “reason with him” he was 18-months, I think he learned more from my histrionics about not going near a window again.
I personally did not spank my children, but that was my choice. The parent should have the choice especially if it is LEGAL in the state.
So now because we have judges who do not uphold the laws as is their job, they now “MAKE” the laws according to what they believe, this mother has lost custody of her children until CPS is satisfied with her, until The Department of Family Services has deemed her up to their standards to be the 3 children’s custodian again. In the meantime, she must pay $50, take parenting courses and wait . . .
What the HELL? I believe this is a miscarriage of justice and I hope someone helps the mother fight this violation of her rights! Do I smell an appeal?
What is this world coming to?
© Evelyn Garone 6/25/11