MEDIA ALERT: Charmaine with Cavuto on FOX

twitterlinkedin

neal_cavuto_book_money.jpg


Neil Cavuto Charmaine will be debating on Neal Cavuto today. She’s on the side of the Angels as always.

They will be debating the spanking of children.

Your Business Blogger(R) was paddled a time or two in Junior High School by the phys ed teacher. Which augmented and preceded parental punishment at home.

Absent all that attention, I may have turned out a bit worse than my present condition.

Watch and let us know what you think.

No one will get hurt…

Hit time is 4:50 Eastern on FOX. Your World With Neil Cavuto Check local listings.

###

Thank you (foot)notes:

Read the leave child spanking behind bill at the jump.


ILL NUMBER: AB 2943AMENDED

BILL TEXT

AMENDED IN ASSEMBLY APRIL 3, 2008

INTRODUCED BY Assembly Member Lieber

FEBRUARY 22, 2008

An act to amend Section 300 of the Welfare and

Institutions Code, relating to dependent children. An

act to amend Section 273a of the Penal Code, relating to corporal

punishment.

LEGISLATIVE COUNSEL’S DIGEST

AB 2943, as amended, Lieber. Dependent children.

Corporal punishment.

Existing law makes it a crime for any person, under specified

circumstances, to willfully cause or permit a child to suffer, or to

inflict on a child unjustifiable physical pain or mental suffering.

This bill would authorize the finder of fact to consider the use

of an implement, the throwing, kicking, burning, or cutting of a

child, the striking of a child with a closed fist, the striking of a

child under 3 years of age on the face or head, the vigorous shaking

of a child under 3 years of age, the interference with a child’s

breathing, or the brandishing of a deadly weapon upon a child when

determining whether or not a defendant willfully caused any child to

suffer, or inflicted unjustifiable physical pain or mental suffering

on a child. Proof of the listed conduct would not be, by itself,

enough to prove guilt and the weight and significance of the conduct

is for the finder of fact to decide. This bill would also authorize

the court to order a person convicted of this offense into a

nonviolent parental education class as a condition of probation, if

appropriate.

By changing the definition and punishment for a crime, the bill

would impose a state-mandated local program.

The California Constitution requires the state to reimburse local

agencies and school districts for certain costs mandated by the

state. Statutory provisions establish procedures for making that

reimbursement.

This bill would provide that no reimbursement is

required by this act for a specified reason.

Existing law provides that a child who has been abused or

neglected, as described, is within the jurisdiction of the juvenile

court and may be adjudged a dependent child of the juvenile court.

Existing law states the intent of the Legislature that nothing in

this provision disrupts the family unnecessarily or intrudes

inappropriately into family life, prohibits the use of reasonable

methods of parental discipline, or prescribes a particular method of

parenting.

This bill would further state the intent of the Legislature in

enacting this provision to provide maximum protection for children

who are currently being physically, sexually, or emotionally abused,

being neglected, or being exploited, and to protect children who are

at risk of that harm. The bill would state that this protection

includes provision of a full array of social and health services to

help the child and family and to prevent reabuse of children, and

that the protection shall focus on the preservation of the family

whenever possible.

The bill would correct an erroneous cross-reference and make other

technical, nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: no

yes . State-mandated local program: no

yes .

[see changes and differences]

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 273a of the Penal

Code is amended to read:

273a. (a) The Legislature hereby finds and declares that

child abuse is a major social problem and that children in the age

group of birth to three years of age suffer the highest rate of

victimization. Child fatalities are the most tragic consequence of

maltreatment, and the vast majority of children killed are younger

than four years of age. Fatal abuse is too often the result of

hitting or shaking by caregivers under the guise of discipline.

Infants and toddlers are the most vulnerable because of their tender

age and inability to defend themselves or ask for help. It is

therefore wholly reasonable that the integrity and sanctity of their

bodies should be afforded the greatest protection possible under the

law.

(a)

(b) Any person who, under circumstances or conditions

likely to produce great bodily harm or death, willfully causes or

permits any child to suffer, or inflicts thereon unjustifiable

physical pain or mental suffering, or having the care or custody of

any child, willfully causes or permits the person or health of that

child to be injured, or willfully causes or permits that child to be

placed in a situation where his or her person or health is

endangered, shall be punished by imprisonment in a county jail not

exceeding one year, or in the state prison for two, four, or six

years.

(b)

(c) Any person who, under circumstances or conditions

other than those likely to produce great bodily harm or death,

willfully causes or permits any child to suffer, or inflicts thereon

unjustifiable physical pain or mental suffering, or having the care

or custody of any child, willfully causes or permits the person or

health of that child to be injured, or willfully causes or permits

that child to be placed in a situation where his or her person or

health may be endangered, is guilty of a misdemeanor.

(d) (1) Subject to paragraph (2), in a prosecution for the

violation of this section and when determining whether or not a

defendant willfully caused any child to suffer, or inflicted

unjustifiable physical pain or mental suffering, the finder of fact

may consider any of the following:

(A) The use of an implement, including, but not limited to, a

stick, a rod, a switch, an electrical cord, an extension cord, a

belt, a broom, or a shoe.

(B) Throwing, kicking, burning, or cutting a child.

(C) Striking a child with a closed fist.

(D) Striking a child under three years of age on the face or head.

(E) Vigorous shaking of a child under three years of age.

(F) Interference with a child’s breathing.

(G) Brandishing a deadly weapon upon a child.

(2) Proof of the conduct listed in subparagraphs (A) through (G),

inclusive, is not sufficient, by itself, to prove guilt, and its

weight and significance, if any, is for the finder of fact to decide.

(c)

(e) If a person is convicted of violating this section

and probation is granted, the court shall require the following

minimum conditions of probation:

(1) A mandatory minimum period of probation of 48 months.

(2) A criminal court protective order protecting the victim from

further acts of violence or threats, and, if appropriate, residence

exclusion or stay-away conditions.

(3) (A) Successful completion of either a nonviolent parental

education class approved by the probation department or no

less than one year of a child abuser’s treatment counseling program

approved by the probation department. The court shall determine

whether the parenting class or the treatment counseling program is

most appropriate under the circumstances of each particular case and

order the defendant to complete the one which is the most

appropriate. The defendant shall be ordered to begin

participation in either the class or the

program immediately upon the grant of probation. The counseling

program shall meet the criteria specified in Section 273.1. The

defendant shall produce documentation of program enrollment to the

court within 30 days of enrollment, along with quarterly progress

reports.

(B) The terms of probation for offenders shall not be lifted until

all reasonable fees due to the counseling program have been paid in

full, but in no case shall probation be extended beyond the term

provided in subdivision (a) of Section 1203.1. If the court finds

that the defendant does not have the ability to pay the fees based on

the defendant’s changed circumstances, the court may reduce or waive

the fees.

(4) If the offense was committed while the defendant was under the

influence of drugs or alcohol, the defendant shall abstain from the

use of drugs or alcohol during the period of probation and shall be

subject to random drug testing by his or her probation officer.

(5) The court may waive any of the above minimum conditions of

probation upon a finding that the condition would not be in the best

interests of justice. The court shall state on the record its reasons

for any waiver.

SEC. 2. No reimbursement is required by this act

pursuant to Section 6 of Article XIII B of the California

Constitution because the only costs that may be incurred by a local

agency or school district will be incurred because this act creates a

new crime or infraction, eliminates a crime or infraction, or

changes the penalty for a crime or infraction, within the meaning of

Section 17556 of the Government Code, or changes the definition of a

crime within the meaning of Section 6 of Article XIII B of the

California Constitution.

SECTION 1. Section 300 of the Welfare and

Institutions Code is amended to read:

300. A child who comes within any of the following descriptions

is within the jurisdiction of the juvenile court which may adjudge

that person to be a dependent child of the court:

(a) The child has suffered, or there is a substantial risk that

the child will suffer, serious physical harm inflicted

nonaccidentally upon the child by the child’s parent or guardian. For

the purposes of this subdivision, a court may find there is a

substantial risk of serious future injury based on the manner in

which a less serious injury was inflicted, a history of repeated

inflictions of injuries on the child or the child’s siblings, or a

combination of these and other actions by the parent or guardian that

indicate the child is at risk of serious physical harm. For purposes

of this subdivision, “serious physical harm” does not include

reasonable and age-appropriate spanking to the buttocks if there is

no evidence of serious physical injury.

(b) The child has suffered, or there is a substantial risk that

the child will suffer, serious physical harm or illness, as a result

of the failure or inability of his or her parent or guardian to

adequately supervise or protect the child, or the willful or

negligent failure of the child’s parent or guardian to adequately

supervise or protect the child from the conduct of the custodian with

whom the child has been left, or by the willful or negligent failure

of the parent or guardian to provide the child with adequate food,

clothing, shelter, or medical treatment, or by the inability of the

parent or guardian to provide regular care for the child due to the

parent’s or guardian’s mental illness, developmental disability, or

substance abuse. A child shall not be found to be a person described

by this subdivision solely due to the lack of an emergency shelter

for the family. If it is alleged that a child comes within the

jurisdiction of the court on the basis of the parent’s or guardian’s

willful failure to provide adequate medical treatment or specific

decision to provide spiritual treatment through prayer, the court

shall give deference to the parent’s or guardian’s medical treatment,

nontreatment, or spiritual treatment through prayer alone in

accordance with the tenets and practices of a recognized church or

religious denomination, by an accredited practitioner thereof, and

shall not assume jurisdiction unless necessary to protect the child

from suffering serious physical harm or illness. In making its

determination, the court shall consider (1) the nature of the

treatment proposed by the parent or guardian, (2) the risks to the

child posed by the course of treatment or nontreatment proposed by

the parent or guardian, (3) the risk, if any, of the course of

treatment being proposed by the petitioning agency, and (4) the

likely success of the courses of treatment or nontreatment proposed

by the parent or guardian and agency. The child shall continue to be

a dependent child pursuant to this subdivision only so long as is

necessary to protect the child from risk of suffering serious

physical harm or illness.

(c) The child is suffering serious emotional damage, or is at

substantial risk of suffering serious emotional damage, evidenced by

severe anxiety, depression, withdrawal, or untoward aggressive

behavior toward self or others, as a result of the conduct of the

parent or guardian, or who has no parent or guardian capable of

providing appropriate care. A child shall not be found to be a person

described by this subdivision if the willful failure of the parent

or guardian to provide adequate mental health treatment is based on a

sincerely held religious belief, and if a less intrusive judicial

intervention is available.

(d) The child has been sexually abused, or there is a substantial

risk that the child will be sexually abused, as defined in Section

11165.1 of the Penal Code, by his or her parent or guardian or a

member of his or her household, or the parent or guardian has failed

to adequately protect the child from sexual abuse when the parent or

guardian knew or reasonably should have known that the child was in

danger of sexual abuse.

(e) The child is under five years of age and has suffered severe

physical abuse by a parent, or by any person known by the parent, if

the parent knew or reasonably should have known that the person was

physically abusing the child. For the purposes of this subdivision,

“severe physical abuse” means any of the following: any single act of

abuse that causes physical trauma of sufficient severity that, if

left untreated, would cause permanent physical disfigurement,

permanent physical disability, or death; any single act of sexual

abuse that causes significant bleeding, deep bruising, or significant

external or internal swelling; or more than one act of physical

abuse, each of which causes bleeding, deep bruising, significant

external or internal swelling, bone fracture, or unconsciousness; or

the willful, prolonged failure to provide adequate food. A child

shall not be removed from the physical custody of his or her parent

or guardian on the basis of a finding of severe physical abuse unless

the social worker has made an allegation of severe physical abuse

pursuant to Section 332.

(f) The child’s parent or guardian caused the death of another

child through abuse or neglect.

(g) The child has been left without any provision for support;

physical custody of the child has been voluntarily surrendered

pursuant to Section 1255.7 of the Health and Safety Code and the

child has not been reclaimed within the 14-day period specified in

subdivision (g) of that section; the child’s parent has been

incarcerated or institutionalized and cannot arrange for the care of

the child; or a relative or other adult custodian with whom the child

resides or has been left is unwilling or unable to provide care or

support for the child, the whereabouts of the parent are unknown, and

reasonable efforts to locate the parent have been unsuccessful.

(h) The child has been freed for adoption by one or both parents

for 12 months by either relinquishment or termination of parental

rights or an adoption petition has not been granted.

(i) The child has been subjected to an act or acts of cruelty by

the parent or guardian or a member of his or her household, or the

parent or guardian has failed to adequately protect the child from an

act or acts of cruelty if the parent or guardian knew or reasonably

should have known that the child was in danger of being subjected to

an act or acts of cruelty.

(j) The child’s sibling has been abused or neglected, as defined

in subdivision (a), (b), (d), (e), or (i), and there is a substantial

risk that the child will be abused or neglected, as defined in those

subdivisions. The court shall consider the circumstances surrounding

the abuse or neglect of the sibling, the age and gender of each

child, the nature of the abuse or neglect of the sibling, the mental

condition of the parent or guardian, and any other factors the court

considers probative in determining whether there is a substantial

risk to the child.

It is the intent of the Legislature in enacting this section to

provide maximum protection for children who are currently being

physically, sexually, or emotionally abused, being neglected, or

being exploited, and to protect children who are at risk of that

harm. This protection includes provision of a full array of social

and health services to help the child and family and to prevent

reabuse of children. That protection shall focus on the preservation

of the family whenever possible. Nothing in this section is intended

to disrupt the family unnecessarily or to intrude inappropriately

into family life, to prohibit the use of reasonable methods of

parental discipline, or to prescribe a particular method of

parenting. Further, nothing in this section is intended to limit the

offering of voluntary services to those families in need of

assistance but who do not come within the descriptions of this

section. To the extent that savings accrue to the state from child

welfare services funding obtained as a result of the enactment of the

act that enacted this section, those savings shall be used to

promote services that support family maintenance and family

reunification plans, such as client transportation, out-of-home

respite care, parenting training, and the provision of temporary or

emergency in-home caretakers and persons teaching and demonstrating

homemaking skills. The Legislature further declares that a physical

disability, such as blindness or deafness, is no bar to the raising

of happy and well-adjusted children, and that a court’s determination

pursuant to this section shall center upon whether a parent’s

disability prevents him or her from exercising care and control. The

Legislature further declares that a child whose parent has been

adjudged a dependent child of the court pursuant to this section

shall not be considered to be at risk of abuse or neglect solely

because of the age, dependent status, or foster care status of the

parent.

As used in this section, “guardian” means the legal guardian of

the child.

twitterlinkedinyoutube

You may also like...

Leave a Reply

Your email address will not be published. Required fields are marked *