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In Virginia, a coalition of child advocates has formed to oppose changes to state regulations that would change the way foster or adoptive parents can discipline children. If enacted, the regulations would make Virginia one of only eight U.S. states to allow the use of corporal punishment of children in foster care.

The new state regulations, originally approved by the Virginia Board of Social Services on June 14, changed an overall prohibition of corporal punishment, such as hitting, shaking or forcing a child into a physically painful position, into a prohibition of corporal punishment only "when abusive." Advocates organized and persuaded the Board to suspend regulations and open the issue for public discussion.

The Department of Social Services says that the changes, which affect only foster or adoptive parents working with private child placing agencies, help to clarify the distinction between discipline and abuse. But advocates say that corporal punishment is corporal punishment—and it should not be used on those particularly vulnerable children who end up in foster care, many of whom have been abused by parents or caretakers throughout their lives.

"There are kids who come with some emotional baggage due to the horrible experiences they've had," says Steve Jurentkuff of Prevent Child Abuse Virginia. "We need to help them heal rather than try to correct their behavior with physical force."

Jurentkuff is leading a coalition of 32 child abuse prevention agencies, foster care providers, health care professionals and others in opposing the new regulations. In the coalition's view, the new regulations expose children to potential harm and deprive foster parents of clear guidelines as to what conduct they may or may not use.

Groups involved in the coalition include the state chapter of the American Academy of Pediatrics, which strongly opposes striking a child, and the Virginia State Foster Care Association.

"It's very regressive," says Annette Wisniewski, former foster mother and board member of the Virginia Foster Parent Association. "It took a long time to get to the point where people recognize that physical punishment is harmful to children that have been abused."

Discipline or abuse?According to Juliet Davis of the state Department of Social Services, there are safeguards built into the regulations that protect children from abuse by foster or adoptive parents. These include an individual discipline plan that serves as a binding agreement between the agency and the parents and takes into consideration the child's history and individual needs.

The Department did not say why the changes were made only to the regulations governing foster and adoptive parents working with private child placing agencies, and not to those governing parents working with the state department itself.

Regardless of the individual discipline plans, the new regulations conflict with the standards of leading organizations in the field, including the Child Welfare League and the Council on Accreditation of Children and Families Services.

"Most states are going in the opposite direction," says Nadine Block of the Center for Effective Discipline, an Ohio-based organization that informs the public about the effects of corporal punishment and alternatives to its use. According to Block, Indiana just banned all forms of corporal punishment last year.

Bill Campbell, Vice Chair of the Board of Social Services, says the proposed changes were a surprise to many board members. "There is a blanket prohibition in public schools and juvenile justice facilities," Campbell says. "It seems odd that we are going back down this road again."

Advocates Takes ActionAccording to Campbell, a representative from the Department of Social Services argued for the changes at a June 14 meeting, backing up his argument with letters of support from Regent University School of Law and the Family Foundation, a conservative Virginia public policy organization that strongly advocates for parents' rights in matters of disclipline. At that meeting, the Board approved the new regulations, which were due to take effect on Nov. 1.

As soon as the Board of Social Services approved the new regulations, Jurentkuff convened local advocacy groups to plan their response. He sent out a news release to media informing them of the coalition's position and encouraged citizens and advocacy groups to write to the board and ask them to reconsider.

The coalition made a request to the Board: suspend the regulatory process by 30 days to solicit additional public comments and hold a public hearing in the state capital. So far, they've gotten just what they asked for.

After receiving over 25 requests to do so, the Board suspended the regulations and agreed to hold a public hearing in Richmond on Sept. 5. A public comment period has been set to run from August 14 to September 13. The board will vote again on the proposed changes after that date.

Jurentkuff is galvanizing citizens across the state to attend the meeting and voice their opinions. Advocates have many issues to raise, including the fact that Virginia is the only state that does not mandate training for foster or adoptive parents.

"Foster parents don't need to be able to spank or physically punish children in order to manage behavior," Wisniewski says, "What they need are more supportive services."

• E-mail the Coalition for the Protection of Children in Foster Care for more information.
• The Center for Effective Discipline informs the public about the effects of corporal punishment and alternatives to its use.

In April 2001, following eleven months of public hearings, letter writing and debate, the State Board of Social Services voted to withdraw regulations that would have allowed physical punishment of children in foster care.