Johnson v. Department of Social Services

Appellants Nathaniel and Susan Johnson (Johnsons) appeal from a judgment by the court denying them declaratory relief and upholding the constitutionality of a regulation of respondent Department of Social Services.

The Johnsons are licensed by the State Department of Social Services (Social Services) to operate a private day care and preschool center. The children cared for are predominantly preschool age but some are aged six, seven and eight years and care is provided for the times before and after public school attendance. The Johnsons wish to contract with their parent-clients to administer a policy of discipline which would include corporal punishment for the children in their charge, to be administered as they, in their discretion, see fit.

Social Services declines to permit such regime of discipline which is prohibited by a regulation set forth in section 31239, subdivision (d) of title 22, California Administrative Code which provides:

As a condition to obtaining their license Johnsons were required by Social Services to state in writing that they would refrain from using corporal punishment, including spanking, and would delete all references to spanking…