California Court of Appeal
Gonzalez v. Santa Clara County Dept. of Social Services, H038241
The superior court improperly denied Mother's petition for administrative mandamus which challenged defendant's finding of child abuse when Mother spanked her 12 year old daughter with a wooden spoon, where: 1) neither defendant nor the superior court gave sufficient weight, or any weight, to the right of a parent to impose reasonable discipline on his or her child; and 2) the hearing officer committed a palpable and prejudicial abuse of discretion by refusing to permit Daughter to testify, citing the rationale that she would be traumatized by the experience.
Appellate Information
- Decided 10/08/2013
- Published 10/08/2013
Judges
- RUSHING
Court
- California Court of Appeal