In Re Baby Boy T.
Ritchel & Nagin and Lawrence M. Nagin for Objector and Appellant.
John D. Maharg, County Counsel, and Louis B. Hays, Deputy County Counsel, for Petitioner and Respondent.
OPINION
FORD, P.J.
The question to be resolved on this appeal is the constitutionality of subdivision (g) of section 232 of the Civil Code. That subdivision was added to section 232 in 1967. The pertinent portions of the section are as follows: “An action may be brought for the purpose of having any person under the age of 21 years declared free from the custody and control of either or both of his parents when such person comes within any
(1a) The basis of the challenge as to constitutionality is stated on behalf of the appellant mother as follows: “Nothing in the language of the section, or in any other source, succinctly informs the appellant of what `proper manner,\’ `mental deficiency\’ or `mental illness\’ means.” Except for the contention that the statutory provision is unconstitutionally vague, no claim of error in the proceedings is made.
The record discloses that the petition to have the child declared free from the custody and control of his mother was filed on behalf of the Department of Adoptions of the County of Los Angeles. Two medical examiners certified under section 5000 of the Welfare and Institutions Code were appointed. When the matter came before the court on December 10, 1968, the mother was 19 years old and was living with her parents. The court stated that counsel would be appointed to represent the mother and the matter was continued to January 21, 1969. Counsel was appointed and appeared on behalf of the mother on January 21, 1969. Two additional medical examiners were appointed at the request of the mother\‘s counsel and the matter was continued to March 4, 1969. On the latter date, pursuant to stipulation, the reports of the four medical examiners were received in evidence. Mrs. Waldbaum, an employee of the Department of Adoptions, testified. The constitutional question presented on this appeal was raised at the hearing. The petition was granted.
The superior court file has been transmitted to this court at its request. (
Before reaching the legal question presented, reference will be made to the findings of fact of the trial court. Those findings were as follows: 1. The minor is a male child born January 5, 1967, in Los Angeles County. 2. The minor child has been in the custody of the County of Los Angeles since January 12, 1967, continuously to the time of the hearing of the petition herein. 3. Due to mental deficiency the citee mother is a parent who is and will remain incapable of supporting or controlling the child in a proper
On the subject of unconstitutional vagueness the Supreme Court stated in American Civil Liberties Union v. Board of Education, 59 Cal.2d 203, at page 218 [28 Cal. Rptr. 700, 379 P.2d 4]: “`Reasonable certainty is all that is required. A statute will not be held void for uncertainty if any reasonable and practical construction can be given its language.\’ (45 Cal. Jur.2d, Statutes, § 37, p. 561, and cases cited in fn. 20.) It will be upheld if its terms may be made reasonably certain by reference to other definable sources (idem).” (See People v. Victor, 62 Cal.2d 280, 300 [42 Cal. Rptr. 199, 398 P.2d 391].)
Since in the instant case the trial court found that the mother, due to “mental deficiency,” is a parent who is and who will remain incapable of supporting or controlling the child in a “proper manner,” a logical approach to the question presented is to determine first whether the reference to “a proper manner” with respect to the matter of support has the requisite constitutional certainty.
Guidance as to statutory construction is found in the reasoning of People v. Vassar, 207 Cal. App.2d 318, at pages 322-323 [24 Cal. Rptr. 481]: “Defendant\‘s counsel contends that
Since a time preceding the addition of subdivision (g) to
Moreover, since a time prior to the enactment of subdivision (g) of
(2) Apropos is the reasoning of Gleason v. City of Santa Monica, 207 Cal. App.2d 458, at page 461 [24 Cal. Rptr. 656]: “`The fundamental rule of statutory construction is that the court should ascertain the intention of the Legislature so as to effectuate the purpose of the law. [Citations.]\’ (Select Base Materials v. Board of Equalization, 51 Cal.2d 640, 645 [335 P.2d 672].) (3) While the interpretation of similar words in other statutes is not controlling, such interpretation is helpful in arriving at the legislative intent. [Citations.] ... (4) `Moreover, “every statute should be construed with reference to the whole system of law of which it is a part so that all may be harmonized and have effect.” [Citation.]\’ (Select Base Materials v. Board of Equalization, supra, 51 Cal.2d 640, 645.)”
(1b) In the instant case the court found that the mother\‘s permanent lack of capacity to support or control the child was due to “mental deficiency.” As has been noted, subdivision (g) provides for testimony upon that issue from two medical examiners certified under
The findings of fact make no reference to “mental illness.” But, without repeating the reasoning hereinabove set forth, it is manifest that in enacting subdivision (g) of
If subsequent amendments of the Welfare and Institutions Code have made it advisable that some changes be made in the language of subdivision (g) of
While it is a grave matter to declare a child free from the custody and control of a parent, the present case presented a factual situation where the court below had no other reasonable means available by which to serve and protect the interests and welfare of the child.
The order and judgment declaring the minor person free from the custody and control of his mother is affirmed.
Schweitzer, J., and Allport, J., concurred.