California Court Rules Spanking With Wooden Spoon Not Abuse
Abuse or Discipline? Depending on when you grew up, you know what a wooden spoon can do. If you get out of line with the rents you better watch your behind. Why?A state appeals court this week tossed out child abuse findings against a frustrated Northern California mother who spanked her 12-year-old daughter hard enough with a wooden spoon to cause bruising.
According to FOX News, the 6th District Court of Appeal in San Jose reversed the child abuse determination made by the Santa Clara County Department of Social Services. Social workers wanted to report Vernica Gonzalez to the state Department of Justice's child abuse database with a "substantiated" abuse determination. That determination was upheld by a trial court judge.
The appeals court said the spanking came close to abuse, but that social workers and the lower court judge failed to consider the family's entire circumstances.
Gonzalez and her husband testified that other forms of punishment such as groundings and taking away her phone had failed to persuade their 12-year-old daughter to do her schoolwork and avoid gang culture. The parents said that other family members had testified that spankings in the household were a rarity.
The appeals court said the mother's growing frustration with her daughter's behavior and her intention not to inflict harm in the April 2010 spanking weighed heavily in its ruling.
The court ordered the child abuse report to be withdrawn or Gonzalez given another hearing in which the San Jose family's entire circumstances are considered and the spanking put into context with the parents' growing frustration with a recalcitrant daughter.