Blog

When Does Seclusion Become Child Abuse?

Posted by Joseph D. Lento | Jun 25, 2023 | 0 Comments

In previous decades, many kids were sent to bed without dinner as a common punishment or sent to their room to “think about what you've done” after misbehaving. Even if you didn't personally experience this punishment, you probably saw it on TV shows and in movies. However, recent changes in culturally accepted parenting styles have led some parents to wonder if this kind of isolation or seclusion might qualify as child abuse.

Is it Child Abuse to Send Your Kid to Their Room?

To begin, let's look at how Pennsylvania laws define child abuse. According to the Child Protective Services Law, the definition of child abuse includes “causing bodily injury to a child through any recent act or failure to act,” “creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act,” and “causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.” This may seem broad, but the Act also includes a provision stating that the law “does not restrict the generally recognized existing rights of parents to use reasonable supervision and control when raising their children.” In other words, the Commonwealth is trying to strike a balance between protecting children from physical and mental injury and respecting the fact that every parent has a slightly different way of raising their children.

Every child—and every situation—is different, and it's important to take into account the particulars of the situation and your own child when you're considering what kind of discipline is appropriate. The focus of discipline should be imposing consequences to change your child's behavior, not simply making them miserable. In that spirit, missing a single meal or spending a few hours alone will not usually have significant consequences for a child—and won't usually qualify as abuse. However, for children who have special needs, medical conditions, or other specific factors that may make such punishments more harmful, seclusion may not be appropriate. In addition, leaving a young child alone for a long period of time may qualify as abuse or neglect if the child is too young to safely be on their own without adult supervision.

It's also important to consider whether a method of discipline is producing the results you want in your child. If your child is experiencing severe, lasting distress as a result of a consequence like going to bed without dinner or spending time alone, it may not be an appropriate punishment for them. But for most children, this type of punishment will not cause lasting harm.

When Seclusion Crosses the Line

In some situations, seclusion can clearly become abuse. For example, if a child is isolated for long periods of time or denied access to food, water, or the bathroom for a significant period of time, that crosses the line into abuse. The Commonwealth of Pennsylvania recognizes that parents can approach discipline in a variety of different ways, but it prioritizes the welfare and safety of children and will take action to remove children from harmful or dangerous situations, such as if children are left by themselves for long periods of time in a way that damages their mental or physical health.

Where to Turn for More Help

If you're facing allegations of child abuse because of your parenting style, LLF Law Firm and the Family Law Team can help. Our Family Law Team has many years of experience helping clients navigate the Pennsylvania family court system, and our team can help you protect your parental rights and defend yourself from allegations of child abuse. Schedule a consultation online today or call 888.535.3686 .

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Contact Us Today!

The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu