As far as a San Jose appeals court is concerned, parents don't need to spare the rod with their children -- ruling Tuesday that using a wooden spoon for a spanking that causes serious bruising should not necessarily translate into a finding of child abuse.Here is Gonzalez v Santa Clara County, in Msft Word 97 format.
In a ruling designed to establish legal precedent, the 6th District Court of Appeal overturned a trial judge's finding that a South Bay mother should be reported for child abuse for trying to resolve discipline issues with her 12-year-old daughter by spanking her so hard with a wooden spoon it severely bruised her.
The unanimous three-justice panel concluded that while the April 2010 incident may have been on the outer boundaries of parental discipline, the overall circumstances did not warrant a child abuse report. The Santa Clara County Department of Social Services had concluded the mother, Veronica Gonzalez, should be reported to the state Department of Justice for its child abuse database for a "substantiated" incident.
"We cannot say that the use of a wooden spoon to administer a spanking necessarily exceeds the bounds of reasonable parental discipline," Justice Conrad Rushing wrote for the court.
I took a several appeals to that court, but I got the misfortune of getting the judges with reputations for never reversing the lower court. Maybe I would have had better luck with these judges.
Some people disapprove of spanking, but all attempts to ban it in California have failed. So a parent should not be punished just for spanking.
I got put on that same child abuse database for resetting an alarm clock from 5am to 7am.