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Disciplining a child in public: Witnesses call 911 when it looks like abuse

by By Dave Fehling / 11 News

khou.com

Posted on March 15, 2010 at 8:00 PM

Updated Tuesday, Mar 16 at 1:39 PM

HOUSTON—In Harris County, parents who discipline their children in public are being taken to court on criminal charges.

But one recent case raises the question: What would you do if you saw a parent getting rough with their child?

"You always hear about this sort of thing but you never think you’ll witness it," a woman testified in Harris County District Court last week.

The woman had attended a Little League game with her son. After the game, she said she saw the father of another player talking sternly with his son.

Then, she said, "He lifted (his son) by the neck."

"Oh my gosh, he was going to hurt that little boy," she testified.

She called 911, and within minutes, police arrived. Eventually, the father was indicted on a felony charge of injury to a child.

In the trial, the son was called to testify and seemed to downplay the incident, saying that the bruises visible in a photo shown to the jury were from sliding over a car seat, not from being thrown into a picnic bench as prosecutors contended.

What’s more, other parents who were there that day testified they were not disturbed by the father’s behavior.

Then, the father himself took the stand in his own defense. He denied picking his son up by the neck. Rather, he said, he picked him up using a bear hug and put the boy over his shoulder. He said the whole thing started when he was trying to correct his son for misbehaving during the ballgame. He denied causing an injury to his son.

Jurors returned their verdict: not guilty.

Texas law gives parents the right to get physical with their children – even hit them.

The Texas Penal Code says the use of force – but not deadly force—against a child is justified if the child’s parent believes it’s necessary to discipline the child.

So, did the parent who called 911 overreact?

Not at all, according to Connie Clancy, who’s counseled parents for over two decades at the Family Services of Greater Houston.

"It’s always best to err on the side of the child. It’s not up to us to decide how serious it is," Clancy said.

Clancy said some families are so stressed out they may not see that how they treat their children is abusive. Getting the authorities involved can be a good thing in those cases, said Clancy.

"Because sometimes when that happens, those families will realize they need help," she said.

Consider these other cases 11 News came across:

An 11 News viewer said two weeks ago she saw a father at Willowbrook Mall punching his little boy so violently she alerted mall security.

In court documents, we found another case where diners at a Chili’s in Humble called police last year. Witnesses said a mother dragged her daughter out of the restaurant by the hair then kicked and hit her.

Another woman, Lidya Osadchey, said she saw a father hit his daughter late one night in a grocery store.

"[He was] slapping her on the shoulder. And this was a 15- to 18- month-old little girl," Osadchey said.

But she didn’t call police.

"In a very soft voice, I said, ‘She must be very tired. Don’t hit her,’" Osadchey said.

She says the father stopped, calmed down and Osadchey left it at that.

Osadchey may be better able to handle such situations—She’s the CEO of a family-counseling agency called ESCAPE Family Resource Center.

Her advice if you think intervening is out of the question:

"Don’t get involved if the parent is out of control. Call police right away."

Osadchey said to let them decide if its abuse, or simply discipline.

Here’s more information on what you should do if you see a parent getting rough with a child in public:

Start a conversation with the adult to direct attention away from the child.

For example:

"She seems to be trying your patience."

"My child sometimes gets upset like that, too."

"Children can really wear you out sometimes.  Is there anything I can do to help?"

Divert the child’s attention (if misbehaving) by talking to the child.

For example:

"That’s a great baseball cap. Are you an Astro’s (whatever team logo) fan?"

"I like your T-shirt. Did you get that on vacation?"

Look for an opportunity to praise the parent or child.

For example:

"Your child has the most beautiful eyes."

"That’s a very pretty shirt on your little girl/boy. Where did you get it?"

If the child is in danger, offer assistance.

For example:

If the child is left unattended in a grocery cart, stand near the child until the parent returns.

If the child is in immediate danger, call the police!

Avoid negative remarks or looks.

Negative reactions are likely to increase the parent’s stress or anger, and could make matters worse for the child.

To report suspected child abuse or neglect, please call Child Protective Services at 1-800-252-5400, or visit their Web site at txabusehotline.org.

As long as your report is made in good faith, and without malice, your identity is kept confidential and free from any liability.

To learn more about child abuse and neglect, visit learntoparent.org.

To learn more about what the Texas Attorney General says constitutes abuse, click here.

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