Child Abuse: Spare The Rod And Spoil The Child?

The mother of a 12-year-old girl was reported for child abuse after she spanked her daughter, using a wooden spoon with enough force to produce visible bruises. Social Services “substantiated” the report and submitted it to the Department of Justice for inclusion in the Child Abuse Central Index [CACI] under the Child Abuse and Neglect Reporting Act [Penal Code section 11164, et seq.] On appeal, the mother contended that neither Social Services nor the Superior Court gave sufficient weight, or any weight, to the right of a parent to impose reasonable discipline on a child. The appellate court found the hearing officer committed a palpable and prejudicial abuse of discretion by refusing to permit Daughter to testify, and concluded: “We will therefore reverse the judgment of the superior court with directions to order [Social Services] to either conduct a new hearing or set aside its finding that the report is ‘substantiated’ and to inform the Department of Justice that the report is ‘unfounded.’”  (Gonzalez v. Santa Clara County Department of Social Services (Cal. App. Sixth Dist.; October 8, 2013) 220 Cal.App.4th 326, [163 Cal.Rptr.3d 110].)