Disciplining A Child
Penal Code 9.61 — force, not deadly force, to discipline a child under 18
In Texas, the use of force, but not deadly force, against a child younger than 18 years is justified if the actor is the child's parent or stepparent, or is acting in loco parentis, when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote the child's welfare.
Who counts as in loco parentis. Grandparents and guardians, anyone acting by, through or under the direction of a court with jurisdiction over the child, and anyone with the express or implied consent of the parent or parents.
| The assumption | What the law actually does |
|---|---|
| The assumptionOnly a parent may discipline | What the law actually doesSo may a stepparent, a grandparent, a guardian and anyone with the parents' consent |
| The assumptionAny force a parent chooses is justified | What the law actually doesOnly to the degree reasonably believed necessary, and never deadly force |
Whether particular discipline crossed the line is decided on the facts of the case, and what happens when child protective services opens an investigation is a separate question. A licensed Texas attorney reads a specific situation.
Sources for this section (1)
- Penal Code 9.61 — Parent-child
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.