Corporal Punishment and Humiliation
Children enrolled in a licensed Florida Day Care Center have a right to be cared for in a safe and nurturing environment. Unfortunately, some children are subjected to abuse, neglect, and corporal punishment in the very environment in which the children should be safe. A Florida Day Care Center should be a safe haven and not a place where staff members abuse, neglect, and inflict corporal punishment on young, small, and defenseless children. Let's face it. Children will cry. Children will be annoying. This especially applies to infants and toddlers. If a child care provider lacks the proper temperament, training, and patience to supervise young children in a calm and mature manner than the child care provider should find another job or occupation that is far away from children.
Florida Day Care Centers are governed by Rule 65C - Florida Administrative Code, Chapter 402, Florida Statutes, and other State laws and regulations. It is important that a day care center follow these laws, it own policies and procedures, and, yes, just common sense to act in the best interests enrolled in the Florida Day Care Center.
Corporal Punishment may be referred to as physical punishment such as paddling, spanking, and paddling. It could also be referred to in forms of confinement, imprisonment, restraints, and other forms of punishment. Florida Day Care Centers can implement disciplinary procedures when there are behavior problems in the Florida Day Care Center; however, there are certain prohibitions that must be filed.
Pursuant to Rule 65C-22.001, Florida Administrative Code and Section 402.305 (12), Florida Statutes sets forth the following regulations / prohibitions in Florida Day Care Centers:
- A child must not be subjected to discipline which is severe, humiliating, or frightening.
- Discipline cannot be associated with food, rest, or toileting need of the child.
- Spaning or any other form of physical punishment is prohibited.
It is important that these rules / regulations are followed in Florida Day Care Centers. As you can see, there are no exceptions or exemptions to these rules and regulations. For instance, if the child care provider was spanked as a child, this does not give that particular child care provider the license, the freedom, or the right to spank or physical harm a child in any manner. It just is not allowed. Many child care providers unfortunately lack the maturity, patience, and training to provide a safe and nurturing environment for children in a Florida Day Care Center. These particular child care providers should not be working with children.
A Florida Day Care Center should be a safe haven for a child and not a place where a child is subjected to abuse, neglect, corporal punishment, humiliation, or other bad acts. If a child care provider engages in any conduct that is threatening or harmful, legal action may be taken against the child care provider and the Florida Day Care Center in the form of administrative, criminal, and / or civil procedures.
David A. Wolf is a Florida Personal Injury Attorney and Florida Child Injury Attorney with over 28 years of experience serving clients and the community. He is the author of a number of books including the book titled Florida Day Care Center Injuries - Legal Rights of the Injured Child - Building Blocks of Knowledge for Parents. David A. Wolf strongly believes in protecting and enforcing the rights of children. He provides a FREE CONSULTATION for all child injury matters as well as all other persona injury matters. Get D Wolf On Your Side - At Your Side.