Friday, October 12, 2012

Spanking Allowed by Texas Teachers

Why Spanking High-School Students is Dangerous

Originally published on www.livescience.com by Stephanie Pappas on September 26, 2012
 
In a seemingly counterintuitive move, a Texas school district has changed its policies to allow opposite-gender faculty to paddle students after a controversy regarding two high-school girls being paddled by a male vice principal.

As the district loosens its corporal punishment rules, researchers and child-development experts have turned against physical discipline of children, linking it to increased aggression, anxiety and depression in kids. Physical discipline in adolescents may be particularly harmful.

"People quite often see that it stops the [bad] behavior today or it stops the behavior this week," said Andrew Grogan-Kaylor, a professor of social work at the University of Michigan who has studied physical punishment internationally. "I think we're just less able to see that it's a really powerful negative shaper of behavior over time."

Paddling controversy

The Texas controversy began after two parents in Springtown, Texas, complained that their daughters had been paddled by male faculty hard enough to leave welts and bruises. The Springtown school district policy allowed paddling by a same-sex faculty member as long as parents had not filed paperwork opting their children out of the punishment. 

On Monday night (Sept. 24), the school district responded to the controversy by altering their policy to allow opposite-sex faculty to spank students. Texas is one of the 19 states where school corporal punishment is still legal, according to the nonprofit Center for Effective Discipline. In 2005-2006, the most recent school year data is available, about 1 percent of Texas students were physically punished, according to the Center's data. That year, Mississippi schools engaged in the most corporal punishment compared with the other 18 states, with 7.5 percent of students getting paddled.

Physical punishment of kids by parents is losing acceptance among American parents, but levels of support are still high. About 65 percent of parents of preschoolers report using spanking for discipline, according to a 2004 study in the journal Pediatrics. This is despite "probably close to 1,000 studies over the last 40 years" that have found corporal punishment is not the best method of discipline and that using it can even make kids more aggressive, Grogan-Kaylor told LiveScience.

Effects of spanking

Because it would be unethical to randomly assign kids to lives where they are either spanked or not spanked — the experimental method — researchers turn to correlational studies to look for links between spanking and behavior. They find that spanking is linked with aggression, delinquency, mental health problems and difficulties in parent-child relationships. There are even studies suggesting that spanking lowers intelligence, but those findings are uncertain as researchers don't yet understand what drives the link, said Elizabeth Gershoff, a professor of human development and family sciences at the University of Texas, Austin.

The correlations hold even after controlling for factors such as socioeconomic status or how aggressive a child is to start with. Critics often argue that already-aggressive children get spanked more, Gershoff told LIveScience.

"That's definitely true, but it doesn't explain the whole story," she said. "Even when you put that into the equation, [spanking] still predicts an increase in aggression. In no case does spanking make kids less aggressive."

The aggression-spanking link is likely a result of learned behavior, social scientists say. When kids see their parents using violence, they can reach the conclusion that hitting is sometimes okay.

"They come to think of using physical force or violence as an acceptable way to get what they want," said Jennifer Lansford, a researcher at Duke University's Center for Child and Family Policy. "Then they are more likely, in the future, to themselves use physical force." 

School spanking

There has been little research done on the effect of using corporal punishment in schools, but social scientists say there's no reason to believe the results would be any better than when parents hit kids.

"It might even be more likely to have a negative impact, because students don't have as close a relationship with their teachers or their principals as they do their parents," Gershoff said.

Spanking is most common with young children and toddlers, Grogan-Kaylor said. Within families, adolescents who are hit are even more prone to problems than younger children, he said, suggesting the use of corporal punishment may be even more troubling in high schools than in elementary or middle school.

"There's a kind of vulnerability in that an adolescent is really trying to create structure out of their world," Grogan-Kaylor said. "They're doing a lot of developmental work to try to figure out, 'Okay, at some point I'm going to be out on my own and how am I going to behave?'"

Teens are also capable of listening to reason, Lansford told LiveScience.

"By the time you're talking about adolescents, there are a lot of other options for how to discipline adolescents that would be age appropriate, nonviolent and nonharmful," Lansford said.

At least one of the Texas teens chose to be paddled rather than serve a second day of in-school suspension, according to news reports.

Changing attitudes

Thirty-three countries worldwide have banned corporal punishment altogether, even in the home. Rep. Carolyn McCarthy (D-N.Y.)introduced a bill to ban spanking and paddling in schools, but the legislation has not made it out of committee last year or this year.

Americans feel strongly that parents should have the right to discipline their children as they see fit, Lansford said, and many are reluctant to believe that something their own parents did to them might be harmful. But spanking is a risk factor for problems, much like cigarettes are a risk factor for lung cancer, she said. Not every child will have problems after being spanked, she said, but being spanked does raise the chances of later behavior and mental health issues.

Despite high approval ratings for spanking, UT's Gershoff sees change on the horizon. Parents still spank, she said, but they do so less often and are less likely to hit kids with objects than they used to be. And there are more parenting books, television shows and discussions about alternative, more effective, discipline methods now, she said.

"It's slowly, slowly changing," Gershoff said. "It will take probably another generation or so, I think, for people to realize that they don’t need to do it at all."

Tuesday, August 28, 2012

Avoid Simple Mistakes when Selecting the Right Online Texas Parenting Class for Child Custody

Avoid Simple Mistakes when Selecting the Right Online Texas Parenting Class for Child Custody© 2012 Thomas Wilson

Licensed Clinical Professional Counselor 
Many Texas courts require divorcing parents to attend a parent education class to help resolve custody conflicts before granting a divorce involving minor children. A class might also be required to modify an existing court order.
This class is called the Parent Education and Family Stabilization Course, which  is a 4-hour parent education class for divorcing and separated parents. Certain Texas county courts allow parents to complete this course online. 
This class is typically very affordable, convenient, confidential, secure, and court-approved. Providers usually provide you with a certificate of completion at no additional charge which can be downloaded and printed at home after course completion. Most providers offer phone and email support.
However, a simple mistake such as choosing the wrong class or choosing the wrong online program provider could get you into even more trouble with the court.  If you want to resolve your case quickly, avoid these common mistakes.
Mistake # 1: Enrolling in a class from a provider that does not have the proper credentials or is not accredited or approved to provide Parent Education and Family Stabilization Course. 
Parenting classes are taught by professionals who are certified or licensed in counseling.  If you are unsure, ask for a copy of their license or credentials to provide to the court.   
Mistake #2: Enrolling in the wrong class.  Be sure to enroll in the right class that is required by the court. 
Normally these classes are called parent education classes or parent education and family stabilization courses.  Remember that a parenting class is different than an anger management class or psychological counseling.  If you are unsure or don’t know the exact name of the class, you should call the office of the program provider and ask for assistance. Licensed and credentialed course providers are happy to help you find the right class. 
Mistake #3: Enrolling in an online class without getting approval from your court or agency. 
An approved course provider will not encourage you to sign up unless you have gotten permission from the court or agency that requires the class.  Be sure you have permission from the court, agency or your attorney take the online class.  It’s always a good idea to call and get an OK. 
Mistake #4: Enrolling in the cheapest class. 
Just because the class is the cheapest, does not necessarily mean it will meet court requirements, or offer technical support. Some providers charge extra for certificates or other paper work required by the court. Inquire about all the cost involved in getting proof of enrollment, completion of certificates and mailing costs. Some providers make their money by charging inflated fees for services that are normally included at no cost by approved parent education programs. 

Tuesday, June 5, 2012

Texas Family Court Issues Regarding Disabled Children

Texas Family Court Issues Regarding Disabled Children

 Texas courts generally have jurisdiction to make orders regarding the support and conservatorship of a child until that child reaches the age of eighteen or until that child graduates high school, whichever occurs later.

However, this jurisdiction can be extended if the court determines that a child has a physical or mental disability that exists prior to the child’s eighteenth birthday and the court determines that the child will not be capable of self-support.

If you have a child that has any form of disability, it is important for you to consult with an attorney prior to the finalization of your divorce to ensure that you are preserving the rights for that disabled child.

The Judge may order one or both parents to complete a Texas Parent Education and Family Stabilization Course to increase awareness about children's developmental needs after the divorce is granted. 

Sunday, June 3, 2012

More Texas Counties Accept Online Parent Education and Family Stabilization Classes

This 4 HOUR course meets Texas Family Court requirements for a "Parent Education and Family Stabilization Course" for divorcing parents. Select this class if your custody/ divorce case is in Texas.

To date, this class has been completed to meet requirements for the following counties:

Angelina, Bandera, Bexar, Bowie, Brazoria, Brazos, Brooks, Burnet, Cass, Collin, Comal, Conroe, Coryell, Dallas-Ft.Worth, Fannin, Ft.Bend, Grayson, Denton, Galveston, Guadalupe, Harris, Hays, Hidalgo, Hill, Hunt, Jefferson, Jim Wells, Kendall, Kleberg, Lampasas, Live Oak, Lubbock, McLennan, Menard, Montgomery, Nueces, San Patricio, Scurry, Refugio, Tarrant, Taylor, Texas, Victoria, Williamson, Wilson, and Yoakum.

Issues Affecting Children In a Texas Divorce

Representing your self in a Texas divorce and child custody is an issue? Consider these issues which affect children of divorcing parents in Texas:

A Parenting Plan.

In 2005, the Texas Legislature began requiring the addition of a “Parenting Plan” in the Final Decree of Divorce. The Parenting Plan includes the conservatorship rights of the parents, the visitation schedule, the child support, and also provides for other issues that may affect the child in  order to minimize the risk of future disagreements.

A Parenting Coordinator and Parenting Facilitator.

Another creation of the 2005 Texas Legislature is the “Parenting Coordinator.” In a Suit Affecting the Parent- Child Relationship (such as a divorce or custody or child support law suit), the court may appoint someone known as the Parenting Coordinator. It is the job of this coordinator to meet with the parents and to assist them in reaching agreements regarding their children.

The difference between the Parenting Coordinator and the Parenting Facilitator is that the Parenting Facilitator may be required to testify as to any communications they have had with the parties, as to the basis of their recommendations to the parties and as to the parties’ compliance with their recommendations. In addition, the Parenting coordinator may also monitor the parties’ compliance with court orders regarding the children.

The Parenting Coordinator, on the other hand, may not be required to testify as to any communications they have had with the parties. Parenting coordinators and facilitators can serve as very effective tools in high-conflict custody cases. Most parenting coordinators and facilitators are mental health professionals or social workers who have lots of experience in working with high-conflict families and who are trained to effectively resolve disputes with regards to visitation, child support or child custody. If a dispute arises in a case, the parties generally attend a series of sessions with the parenting coordinator or facilitator in an attempt to resolve the dispute before any court action is taken.

Not all courts order the 4 hour Online Parent Education and Family Stabilization Class, but many do. These classes are designed to educate the parents on how their divorce will affect their child's future development and response to their divorce.

Monday, October 3, 2011

Find A Texas Lawyer for Child Custody

Need a Lawyer for Your Texas Child Custody case? The Texas bar Association Lawyer Referral Service  is Free.

The Texas bar Association offers a free online service to  search for a lawyer in your area.
Use the Texas Bar Associations' Lawyer Referral Information Service by clicking on this link STATE BAR OF TEXAS. 

The Texas Bar Association Lawyer Referral Information System also lists frequently asked questions and answers:

Do you have a list of pro bono – or free – attorneys?
Our network of lawyers do not work for free and we do not provide a list of pro bono attorneys.
Do you answer legal questions? Can you give me legal advice?
We have no lawyers on our LRIS staff and we are not qualified to give you legal advice or answer legal questions.
Our LRIS program refers you to attorney or appropriate agency that can help you.

Can you tell me if I have a case?
Only a lawyer can tell you if you have case and if they are willing to handle the case for you. Our LRIS staff cannot make that determination for you.
We refer you to an attorney or agency that best matches your legal problem.
Are you an attorney? Can I speak to an attorney in your office?
We have no lawyers on our LRIS staff and cannot give legal advice. And we do not have attorneys in the office to answer your immediate questions.
Our LRIS program refers you to attorney or appropriate agency that can help you.

How much does it cost for me to use this service?
There is no charge for referring you to a lawyer or other agency that can help with your legal problems.
Your lawyer will provide you with the first 30-minute consultation for no more than $20. After that, it is up to you to negotiate the fees normally charged by the attorney.
Each lawyer sets their own fees, you should discuss that with them in your consultation.
What is the statute of limitations for my case?
The lawyer we refer you to is the person to ask this question. Please consult with an attorney for your specific issue.

Why do you need my name and mailing address?
In order to receive a referral from our service, we must record your name and mailing address. This information is only shared with the attorney we refer you to; it is never sold to a third party.
Why can’t you refer me to an attorney in my county?
There are two reasons for this:
1) An attorney has not signed up with us to serve that county (all lawyers in our network sign up voluntarily), or
2) We do not serve that county. But we can point you to another lawyer referral service who can help.

DIVORCE EDUCATION RESOURCES:
For divorcing parents with kids, the mandatory Parent Education and Family Stabilization Course is avaialable online for most Texas Counties here: http://www.parentingapart.com/.

Sunday, October 2, 2011

Understanding Texas Parent Education Classes for Child Custody



Why are divorcing parents of children in Texas required to take a parenting class before their divorce is final?

 
(Disclaimer: Please note, this post does not not constitute legal advice or mental health counseling. Please contact your attorney  for legal advice or  information. This information is provided for educational purposes only. This information may not reflect current Texas law or family code.)

 
Under Texas Family Code § 105.009., divorcing parents must complete a PARENT EDUCATION AND FAMILY STABILIZATION COURSE as follows;.

 
(a)  Any action to modify a custody or visitation order or determine access to a child, the court may order the parties to the suit to attend a parent education and family stabilization course if the court determines that the order is in the best interest of the child.

 
(b) The parties to the suit may not be required to attend the course together. The court, on its own motion or the motion of either party, may prohibit the parties from taking the course together if there is a history of family violence in the marriage.

 
(c) A course under this section must be at least four hours, but not more than 12 hours, in length and be designed to educate and assist parents with regard to the consequences of divorce on parents and children. The course must include information on the following issues:

 
  1. the emotional effects of divorce on parents;
  2. the emotional and behavioral reactions to divorce by young children and adolescents;
  3. parenting issues relating to the concerns and needs of children at different development stages;
  4. stress indicators in young children and adolescents;
  5. conflict management;
  6. family stabilization through development of a co parenting relationship;
  7. the financial responsibilities of parenting;
  8. family violence, spousal abuse, and child abuse and neglect; and
  9. the availability of community services and resources.
(d) A course may not be designed to provide individual mental health therapy or individual legal advice.


(e) A course satisfies the requirements of this section if it  is offered by:

(f) Information obtained in a course or a statement made by a participant to a suit during a course may not be considered in the adjudication of the suit or in any subsequent legal proceeding. Any report that results from participation in the course may not become a record in the suit unless the parties stipulate to the record in writing.

 
(g) The court may take appropriate action with regard to a party who fails to attend or complete a course ordered by the court under this section, including holding the party in contempt of court, striking pleadings, or invoking any sanction provided by Rule 215, Texas Rules of Civil Procedure. The failure or refusal by a party to attend or complete a course required by this section may
not delay the court from rendering a judgment in a suit affecting the parent-child relationship.

 
(h) The course required under this section may be completed by:

(i) On completion of the course, the course provider shall issue a certificate of completion to each participant. The certificate must state:
  • (1) the name of the participant;
  • (2) the name of the course provider;
  • (3) the date the course was completed; and
  • (4) whether the course was provided by:
  • (A) personal instruction;
  • (B) videotape instruction;
  • (D) a combination of those methods.
(j) The county clerk in each county may establish a registry of course providers in the county and a list of locations at which courses are provided. The clerk shall include information in the
registry identifying courses that are offered on a sliding fee scale or without charge.

(k) The court may not order the parties to a suit to attend a course under this section if the parties cannot afford to take the course. If the parties cannot afford to take a course, the court may direct the parties to a course that is offered on a sliding fee scale or without charge, if a course of that type is available. A party to a suit may not be required to pay more than $100 to attend a course ordered under this section.

(l) A person who has attended a course under this section may not be required to attend the course more than twice before the fifth anniversary of the date the person completes the course for the first time.

The Texas Parent Education and Family Stabilization Course provides education for divorcing parents intended to keep their children out of the middle of their parent's divorce.