Reasonable Physical Parental Discipline Privilege

Hi, CACI lawyer Tate Lounsbery here and I wanted to talk about an important defense in many cases.

It is the reasonable physical parental discipline defense. Parents have a privilege that is not available to other people. They are allowed to physically discipline children under the law as long as the discipline is reasonable. It cannot be excessive.

Sometimes CPS social workers who are investigating allegations of child abuse do not realize that or they don’t consider it or they don’t take it into account or whatever.

If that’s not happening in your case, then you need to and you need to start presenting evidence that shows that. If your case is about parental physical discipline, then you need to take that into account in to how you’re going to bring that up and how is that going to help you in your case or how might it hurt in your case.

That is your CACI quick tip to make sure that you are considering that as part of your case.