Spanking Child With Wooden Spoon Not Child Abuse, Says State Court

[msanthrope]

39. Using the HuffPo as a legal source makes you seem uninformed when they incorrectly report a verdict.

My suggestion to you is that when you report a court case, you actually read the court documents, and use sources with a legal background.

http://www.courts.ca.gov/opinions/documents/H038241.PDF

Had you done that, you would have noted that the 6th Appellate did not state that using a wooden spoon wasn't child abuse. No--what they merely did was remand the case back to the lower court since two serious errors had been made:

1) The lower court (and CPS) failed to give sufficient weight to the "right of a parent to impose reasonable discipline on his or her child." (Page 1.) and,

2) The hearing officer "committed a palpable and prejudicial abuse of discretion by refusing to permit Daughter to testify, citing the rationale—which flew in the face of the only evidence before him—that she would be traumatized by the experience." (Page 1)

The court reversed and remanded--and it was apparent from the first page of the ruling on what grounds. Whether or not child abuse occurred is yet to be determined.