For Legislators

Legislative request

Ban corporal punishment in the home

Summary

Our long-term legislative priority is to protect all California children from corporal punishment, including in the home. To do this, we seek legislation amending Welfare & Institutions Code §300 to remove the "reasonable methods of parental discipline" language and ending the common-law parental disciplinary privilege, so that children have the same protection from being struck that every adult already has. No child's safety should depend on whether they are at school or at home.

Problem

California protects children from corporal punishment in public schools, foster care, daycare, and group homes, but leaves children in their own homes without the same protection.

This legal gap means millions of California children can still be lawfully struck at home. A 2022 U.S. survey found roughly 39% of children experience corporal punishment; applied to California's ~8.4 million children, that points to more than 3 million affected. Research shows this harms children's physical and mental health.

Solution

Introduce and support legislation amending Welfare & Institutions Code §300 to remove the "reasonable methods of parental discipline" language and ending the common-law parental disciplinary privilege, so that the child-protection statutes already in place (Penal Code §273a and §273d) apply to parents without a special disciplinary exception. Following the model of more than 70 countries, the change would take effect without new penalties for parents, paired with public education. This closes a long-standing gap and aligns California with the World Health Organization's call to end all corporal punishment by 2030.

Cost

Drafting and introducing a bill may involve routine administrative or legal fees. To support this effort, donations from individual contributors aligned with BandTogetherCA.com and the U.S. Alliance to End the Hitting of Children may be offered. The anticipated fiscal impact is minimal, while the benefit to children's safety and well-being is substantial.

Organizational support

Arguments in support

Physical punishment is associated with increased anxiety, depression, toxic stress, and negative long-term health outcomes, even when considered "mild." The American Academy of Pediatrics and the World Health Organization agree that hitting children undermines emotional regulation, trust, and healthy development.

This legislation ensures equal protection under the law. Adults are protected from being struck, as are children in public schools, foster care, and daycare. A child's home should not be the one place where that protection disappears.

It is also a practical, low-cost policy with high impact. Corporal punishment is no more effective than non-violent discipline, and California, which banned it in public schools in 1986, is well positioned to lead again.

Potential organizational opposition

  • Parental-rights and small-government advocacy groups

  • Some faith-based organizations that view physical discipline as a parenting right

  • Commentators concerned about state involvement in family life

Potential arguments in opposition

Opposition may claim that disciplining one's own child is a parental or religious right, that the state should not intervene in the home, or that a ban would criminalize ordinary parents. Opponents may point to the parental disciplinary privilege recognized in Gonzalez v. Santa Clara County Department of Social Services (2014), which holds that reasonable corporal punishment for a genuine disciplinary purpose is not unlawful. That same case, however, is what lets courts decide when discipline becomes abuse, and it is precisely the privilege this legislation would remove.

Decades of research show corporal punishment harms children's mental and physical health. The education-first approach changes the standard without new penalties for parents, and a child's right to grow up free from violence does not weaken because the violence happens at home.

Success elsewhere

No U.S. state has yet banned corporal punishment in the home, which positions California to lead. More than 70 countries have already banned all corporal punishment of children.

New Zealand repealed its legal defense for corporal punishment in 2007, alongside widespread public discussion and education. In the 1980s and 1990s, almost 90% of New Zealand parents considered physical punishment acceptable; by 2024–2025, that had fallen to 22%. (D'Souza et al., Archives of Disease in Childhood, 2026.)

California banned corporal punishment in public schools in 1986, and in 2019 the California Democratic Party endorsed ending the practice. Closing the remaining gap at home completes that work.

Contact us at info@bantogetherca.com for support in moving this legislation forward.