Joaquin Arndula was arrested. He was charged with suspicion of child abuse. The basis of this allegation is that he spanked his 7 year old daughter. Mr. Arndula spanked his daughter as a means of discipline. She went to school the following day and told the teacher she had been spanked. The teacher contacted Child Protective Services (Child Protective Services will hereinafter be referred to as CPS). Mr. Arndula stated “I disciplined her as a consequence of something she did. This is something that is really rare for us. It’s a tool of last resort but it’s something that we do. And I spanked her bottom.”
Mr. Arndula is Arrested
Mr. Arndula was arrested and accused of willful cruelty to a child. CPS and the Department of Social Services sought to investigate Mr. Arndula and his wife with no regard to the circumstances and events of their raising their other 3 children who were 3, 6 and 7.
Child Abuse
Physical actions that can injure a child either physically or emotionally can be considered child abuse. When a child goes to school and complains to a teacher with regard to corporal punishment, the teacher, who is a mandatory reporter, must take these allegations seriously. His or her next step is to contact CPS to look into the situation.
Modern Discipline
Modern discipline does not utilize spanking. It is claimed spanking has a negative effect in children’s self esteem and creates frustration for the child. It should be noted that if Mr. Arndula is convicted of a misdemeanor of willful child cruelty he could face up to 6 months in jail.
Elliot S. Schlissel, Esq. is a CPS and ACS lawyer. He represents families during investigations by CPS, individuals charged by CPS and/or individuals that have Family Court cases or criminal cases brought against them by CPS and ACS. Mr. Schlissel has written numerous articles with regard to how to deal with CPS and ACS. He can be reached for a free consultation at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.
