The child's grandmother noticed red marks on the child's buttocks and took her to a hospital to be checked. The hospital called the Department of Family and Protective Services even though the little girl was found to be healthy and did not have any lasting injuries.
The children were taken from their mother in December and placed in the grandmother's custody according to lifesitenews.com
The Texas Attorney General's website
states spanking is not illegal, "Texas law allows the use of force but not deadly force, against a child by the child's parent, guardian, or other person who is acting in loco parentis." A child can be spanked on the buttocks using an open hand, a brush or a belt if it doesn't leave a bruise, welt or swelling," it's likely OK states npr.org
In an agreement with prosecutors Gonzales plead guilty to the charges of Injury to a Child a felony. She will be on probation for five years, has to take parenting classes, follow Children's Protective Service's (CPS) guidelines and make a one time payment of $50 to the Children's Advocacy Center.
reports Gonzales was told by 214th District Court Judge Jose Longoria, "You don't spank children today, in the old days, maybe we got spanked, but there was a different quarrel. You don't spank children. You understand?"
Gonzales answered him by saying, "Yes, sir."
She is now working with CPS to regain custody of her children. She will get them back when CPS feels she is ready to have them back in her home.
reports attorney Kelly Shackelford of Liberty Institute
said, "In this country, children are not children of the state. They're children of the parents and the parents do have a right to reasonable discipline including spanking. So this is a pretty clear abuse of authority and is something that people need to be aware of -- that government officials don't have the right to this kind of bullying of parents and families."