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uan Hernandez (27) and Elena Hernandez (25) are a married Latino couple who were referred to the New York City Administration for
Children Services (ACS) for abuse allegations. They have an 8-year-old son, Juan Jr., and a 6-year-old son, Alberto. They were married 7
years ago, soon after Juan Jr. was born. Juan and Elena were both born in Puerto Rico and raised in Queens, New York. They rent a
two-bedroom apartment in an apartment complex where they have lived for 7 years. Elena works as babysitter for a family that lives nearby,
and Juan works at the airport in the baggage department. Overall, their physical health is good, although Elena was diagnosed with diabetes
this past year and Juan has some lower back issues from loading and unloading bags. Both drink socially with friends and family. Juan goes
out with friends on the weekends sometimes to “blow off steam,” having six to eight beers, and Elena drinks sparingly, only one or two drinks
a month. Both deny any drug use at all. While they do not attend church regularly, both identify as being Catholic and observe all religious
holidays. Juan was arrested once as a juvenile for petty theft, but that has been expunged from his file. Elena has no criminal history. They
have a large support network of friends and family who live nearby, and both Elena’s and Juan’s parents live within blocks of their apartment
and visit frequently. Juan and Elena both enjoy playing cards with family and friends on the weekends and taking the boys out to the park and
beach near their home.
ACS was contacted by the school social worker from Juan Jr.’s school after he described a punishment his parents used when he talked
back to them. He told her that his parents made him kneel for hours while holding two encyclopedias (one in each hand) and that this was a
punishment used on multiple occasions. The ACS worker deemed this a credible concern and made a visit to the home. During the visit, the
parents admitted to using this particular form of punishment with their children when they misbehaved. In turn, the social worker from ACS
mandated the family to attend weekly family sessions and complete a parenting group at their local community mental health agency. In her
report sent to the mental health agency, the ACS social worker indicated that the form of punishment used by the parents was deemed abusive
and that the parents needed to learn new and appropriate parenting skills. She also suggested they receive education about child development
because she believed they had unrealistic expectations of how children at their developmental stage should behave. This was a particular
concern with Juan Sr., who repeatedly stated that if the boys listened, stayed quiet, and followed all of their rules they would not be punished.
There was a sense from the ACS worker that Juan Sr. treated his sons, especially Juan Jr., as adults and not as children. This was exhibited, she
believed, by a clear lack of patience and understanding on his part when the boys did not follow all of his directions perfectly or when they
played in the home. She mandated family sessions along with the parenting classes to address these issues.
During the intake session, when I met the family for the first time, both Juan and Elena were clearly angry that they had been referred to
parenting classes and family sessions. They both felt they had done nothing wrong, and they stated that they were only punishing their children
as they were punished as children in Puerto Rico. They said that their parents made them hold heavy books or other objects as they kneeled
and they both stressed that at times the consequences for not behaving had been much worse. Both Juan and Elena were “beaten” (their term)
by their parents. Elena’s parents used a switch, and Juan’s parents used a belt. As a result, they feel they are actually quite lenient with their
children, and they said they never hit them and they never would. Both stated that they love their children very much and stru
ggle to give them
a good life. They both stated that the boys are very active and don’t always follow the rules and the kneeling punishment is the only thing that
works when they “don’t want to listen.”
They both admitted that they made the boys hold two large encyclopedias for up to two hours while kneeling when they did something
wrong. They stated the boys are “hyperactive” and “need a lot of attention.” They said they punish Juan Jr. more often because he is
particularly defiant and does not listen and also because he is older and should know better. They see him as a role model for his younger
brother and feel he should take that responsibility to heart. His misbehavior indicates to them that he is not taking that duty seriously and
therefore he should be punished, both to learn his lesson and to show his younger brother what could happen if he does not behave.
During the intake meeting, Juan Sr. stated several times that he puts in overtime any time he can because money is “tight.” He expressed
great concern about having to attend the parenting classes and family sessions, as it would interfere with that overtime. Elena appeared anxious
during the initial meeting and repeatedly asked if they were going to lose the boys. I told her I
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transmitted without publisher's prior permission. Violators will be prosecuted.
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