Source: State Court Administrator

The Owosso man, who pleaded no contest to fourth-degree child abuse, got a one-year suspended sentence and will be required to take parenting and anger management classes.

His attorney said the spanking simply left a large mark on the girl's bottom. However, Chief Assistant Prosecutor Deana Finnegan said the spanking was so severe that at least two different agencies felt it qualified as child abuse.

Either way, the case has heightened the debate over parents' rights and government intervention, as the number of state child protection proceedings increases each year -- rising from 10,761 in 1995 to 12,883 in 1999, the last year numbers are available.

FIA officials say the increase is a result of more public awareness of child abuse and increased substance abuse in today's society. Critics, however, say the increase is because government officials intervene in petty cases to boost the numbers and justify keeping their state funding.

Rights on the line

Dave Pace, a member of Parents for Children since 1997, knows what it's like to have his parental rights on the line. The Eastpointe man had to meet with FIA officials last year after his 11-year-old daughter told school officials that a scratch on her face was from her father.

Pace said the mark was from his daughter wrestling with her younger sister. He contends his daughter lied about the mark because she was angry that he scolded her earlier that morning for not doing homework.

The FIA investigated the case and ultimately dropped it because of insufficient evidence. Still, Wilson has bad feelings from the incident.

"A lot of times I don't think they're looking out for the best interest of the child," he said. Wilson said that he routinely sees parents discriminated against because they don't have primary custody. He said he also sees the government intervening in cases, but having little accountability for their decisions.

Wilson's group lobbied for a 1997 law that required Friend of the Court systems to establish citizen oversight committees to handle complaints. But, so far, only 33 of Michigan's 83 counties have complied. In Metro Detroit, Macomb County has had an oversight committee since 1998, and Wayne County since 1999. Oakland hasn't created one.

"The system's got to change," said Wilson, who had his first unsupervised visit with his son in five years on Sunday. "There's no accountability."

Courts watch FIA

FIA officials say they are accountable -- to the court system.

Once allegations of abuse or neglect are either substantiated or dropped, it's up to the court system to decide whether a petition to remove a child will be granted, Nagy said.

Children are never just arbitrarily removed from a home, she said. The FIA only petitions to remove children where there is "imminent risk" to a child's safety, she said. Roughly 5,500 petitions were filed to remove kids last year.

"The law is pretty specific about what we do," Nagy said. "If we find that there's not a preponderance of evidence that a child has been abused or neglected, then we just unsubstantiate and close it."

As for the distinction between discipline and abuse, Nagy said the law is also quite clear: Abuse is a nonaccidental injury. Nagy said the FIA only refers serious abuse cases, such as shaken baby syndrome or broken bones, to law enforcement officials for prosecution.

Despite the Owosso case, spanking typically doesn't fall into that category, she said.

"Discipline, including spanking, is not against the law," Nagy said. "Spanking only becomes child abuse when it results in an injury."

Families torn apart

Still, attorney Janet Frederick-Wilson said she's seen the FIA go after petty cases -- and seen families torn apart as a result.

In Clare County, Frederick-Wilson -- Dan Wilson's wife -- represented a woman charged with child abuse after she slapped her daughter. In Isabella County, she represented a couple charged with child abuse after their son allegedly beat up his mother and the stepfather pulled him off the woman.

Frederick-Wilson contends the FIA often pursues unwarranted complaints, especially in mid- and northern Michigan where there are fewer cases, to keep funding and staffing levels in place.

"Honestly, I'm really disgusted with what I'm seeing," she said. "I'm seeing a lot of good parents dragged into a situation that's very costly and unnecessary, especially the spanking cases. They're ridiculous."