Spanking child with wooden spoon is not abuse, Calif. court rules

SAN JOSE, Calif. — A state appeals court on Tuesday 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.

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 waned 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.

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