California Court of Appeal
Gonzalez v. Santa Clara Cty. Dept. Soc. Serv., H038241
Judgment that the child abuse report, alleging Mother spanked her 12-year old daughter using a wooden spoon with enough force to produce visible bruises, was substantiated is reversed and remanded, where: 1) neither the 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. (Opinion after rehearing)
Appellate Information
- Decided 01/21/2014
- Published 01/21/2014
Judges
- RUSHING
Court
- California Court of Appeal