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Is it legal for a mom to spank her child if she is the day care provider?

Posted by on Jul. 24, 2012 at 10:21 PM
  • 73 Replies

I was recently visiting an aquaintance's in home daycare.  While we were there, on more than one occasion, she spanked her son.  I questioned her about this because she can't legally spank any of the other children, as the child care provider, so why should she be able to spank her son while the other children are there.  She said she is the mom and she can.  Seems to me if he is there at her day care, she shouldn't be allowed to spank him during day care hours.  Does anyone else know?  

EDIT: It makes a difference because it is during day care where other kids are presesnt.  As a child care provider, she isn't allowed to spank.  Do those other children in her care know that they will never be spanked?  I've done child care when my own child is present.  It is unprofessional not to treat all the children equally.  It was a difficult balance for me to treat my child the same as all the rest in the child care setting.  It is part of the reason I don't do it anymore.

by on Jul. 24, 2012 at 10:21 PM
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Replies (1-10):
terramarie
by on Jul. 24, 2012 at 10:27 PM
I don't think there is a law against it. He is HER child. Spanking isn't illegal. She legally can't touch a child who is not hers. It doesn't seem like she is breaking any laws, just disciplining her child.
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frndlyfn
by Platinum Member on Jul. 24, 2012 at 10:28 PM

I would think since it is her child that the child wouldnt be one of her clients anyhow.   As long as she doesnt lift a hand towards other children who are no relation, I do not see how it matters.

-PB
by Gold Member on Jul. 24, 2012 at 10:28 PM
1 mom liked this

 While I don't agree with physical punishment I would say yes she legally can as long as she is not "abusing" him because he is not a daycare attendee, he is her child.

bbmkfo03
by on Jul. 24, 2012 at 10:31 PM

 I think since it's her kid she could do that, is it appropriate to do that in front of all the other kids, no probably not.

SuprMom08
by on Jul. 24, 2012 at 10:37 PM
3 moms liked this

Are you crazy??  It is HER kid. She gave birth to the child - what difference does it make what job she has?

AnakaAlisyn
by on Jul. 24, 2012 at 11:18 PM

It makes a difference because it is during day care where other kids are presesnt.  As a child care provider, she isn't allowed to spank.  Do those other children in her care know that they will never be spanked?  I've done child care when my own child is present.  It is unprofessional not to treat all the children equally.  It was a difficult balance for me to treat my child the same as all the rest in the child care setting.  It is part of the reason I don't do it anymore.

Quoting SuprMom08:

Are you crazy??  It is HER kid. She gave birth to the child - what difference does it make what job she has?


vwd_johnson
by Silver Member on Jul. 24, 2012 at 11:22 PM
3 moms liked this
I don't think the daycare hours matter whatsoever. She is still a mom during their daycare hours. She just so happens to have a "job" where her son can be present, whether its in her home, or whatever. Her son is not there for childcare, the other kids are, her child is there because he is her son. Whatever a mother choses, to spank or not spank, does not affect how she treats her "clients" so to speak.

If she worked AT a daycare facility & her son was there with her as a paying participant, I would say no, she could not spank her son.

But this is different
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JasonsMom2007
by Platinum Member on Jul. 24, 2012 at 11:24 PM
This kid is not a client though.


Quoting AnakaAlisyn:

It makes a difference because it is during day care where other kids are presesnt.  As a child care provider, she isn't allowed to spank.  Do those other children in her care know that they will never be spanked?  I've done child care when my own child is present.  It is unprofessional not to treat all the children equally.  It was a difficult balance for me to treat my child the same as all the rest in the child care setting.  It is part of the reason I don't do it anymore.


Quoting SuprMom08:

Are you crazy??  It is HER kid. She gave birth to the child - what difference does it make what job she has?



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tisacutie
by on Jul. 24, 2012 at 11:26 PM
This

Quoting vwd_johnson:

I don't think the daycare hours matter whatsoever. She is still a mom during their daycare hours. She just so happens to have a "job" where her son can be present, whether its in her home, or whatever. Her son is not there for childcare, the other kids are, her child is there because he is her son. Whatever a mother choses, to spank or not spank, does not affect how she treats her "clients" so to speak.



If she worked AT a daycare facility & her son was there with her as a paying participant, I would say no, she could not spank her son.



But this is different
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AnakaAlisyn
by on Jul. 24, 2012 at 11:34 PM
1 mom liked this

Why should it make a difference where they are?  He still counts in the ratio for the number of children she is allowed to watch.  If she didn't have him, she would have space for one more kid, which means more money.  So he is part of the day care.  

Quoting vwd_johnson:

I don't think the daycare hours matter whatsoever. She is still a mom during their daycare hours. She just so happens to have a "job" where her son can be present, whether its in her home, or whatever. Her son is not there for childcare, the other kids are, her child is there because he is her son. Whatever a mother choses, to spank or not spank, does not affect how she treats her "clients" so to speak.

If she worked AT a daycare facility & her son was there with her as a paying participant, I would say no, she could not spank her son.

But this is different


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