162 Cal. App. 2d 474 | Cal. Ct. App. | 1958
This is an appeal from an order of the Juvenile Department of the Superior Court of San Diego County adjudging Michael Allen Parley, a minor, a ward of the juvenile court of said county under section 700, subdivision (b), of the Welfare and Institutions Code, and giving said minor’s custody to the probation officer of said county. It was further ordered that the child be placed with his father in Naehes, Washington, and “that said ward shall be subject to the supervision of the probation officer and the further orders of this court.” Larissa Laurel Parley, the mother of said minor, appeals from this order, and the principal question here involved is whether the evidence is sufficient to support it.
The report of the probation officer and the testimony adduced at the hearing in this matter shows the following: The probation officer of San Diego County and the Department of Public Welfare have had frequent dealings with appellant and her child. The matter of the child’s custody was first brought to the attention of the probation department
On October 19, 1957, appellant placed Michael in the Hill-crest Detention Home and on the evening of October 20th she was found lying on the front porch of the home. When found, she stated she had just been released from the hospital and was too weak to get home by herself. The supervisor of the home then contacted the probation department and reported that appellant was extremely emotionally upset and stated that he doubted her ability to care for her child. The probation department then got in touch with the Department of Public Welfare and learned from a case worker that it was her opinion that appellant was incapable of properly caring for her child due to extreme emotional disturbance. The ease worker stated that she felt that it was necessary to refer the child to the probation department. In the referral which followed it was stated that appellant’s physical health and emotional condition had so far deteriorated that her health problems were having a serious and unfortunate effect on the child’s welfare.
On October 24, 1957, a petition to have the minor declared a ward of the court was filed by the county probation department and it was alleged therein “That said minor has no parent or guardian capable of exercising proper parental control, in that his parents are divorced and his mother, who has legal custody, is suffering from a severe emotional disturbance diagnosed as psychoneurosis with conversion hysteria and further that on or about the 19th day of October, 1957, said minor’s mother placed him at Hillerest because she was going to enter County Hospital for treatment, further said minor’s mother was released from County Hospital on October 20, but has made no attempt to contact the child or return him to his home.” A detention hearing was then held and the court ordered that the child be detained at Hillerest pending further investigation.
According to the probation officer’s report filed herein and considered by the court, appellant has been mentally and physically ill over a period of years. She complained of being
The circumstances shown by the record are sufficient to support the judgment and order of the juvenile court declaring Michael to be a ward of the court under the provisions of section 700, subdivision (b), of the Welfare and Institutions Code. The evidence justifies the conclusion and implied finding that the said minor has no parent or guardian capable of exercising proper parental control and that the best interests
In In re Corrigan, 134 Cal.App.2d 751, 754-755 [286 P.2d 32], it was held:
“In juvenile court proceedings, as in other matters, the findings of the juvenile judge will not be disturbed on appeal where there is substantial evidence to support them. (In re Ayers, 116 Cal.App.2d 55, 58 [253 P.2d 65].) In wardship proceedings it is the welfare of the child that is of paramount concern (In re Halamuda, 85 Cal.App.2d 219, 226 [192 P.2d 781]), and when the court has found, on substantial evidence, that the welfare of the child requires that his custody be taken from his parents, the court may make such an order. (Welf. & Inst. Code, § 739, subd. (d).) In reviewing such findings this court must indulge all reasonable inferences in support thereof.”
Appellant claims that the juvenile court was usurping the power of the divorce court and acting outside of its own jurisdiction by awarding custody between parents without a showing that the minor came within the provisions of section 700 of the Welfare and Institutions Code. Section 700, subdivision (b), of said code provides that the jurisdiction of the juvenile court extends to any person under the age of 21 years . . . “(b) Who has no parent or guardian; or who has no parent or guardian willing to exercise or capable of exercising proper parental control; or who has no parent or guardian actually exercising such proper parental control, and who is in need of such control.” The evidence herein supports the exercise of such jurisdiction over the minor involved. In In re Holt, 121 Cal.App.2d 276, 278 [263 P.2d 50], the court said:
“It is next contended that a juvenile court may not take jurisdiction of a custodial matter when that very question is then pending in a divorce proceeding. In the case of Dupes v. Superior Court, 176 Cal. 440 [168 P. 888], a like question*479 was presented. It is true, the court there said, that in a divorce proceeding the superior court has extensive powers relative to the welfare of children of the parties engaged in such a proceeding. However, ‘ The mere fact that a litigation is pending between the parents and that an order regarding the custody of the children has been made therein does not take away the power of the state nor prevent the exercise of that power under the Juvenile Court Law.’ ”
Judgment and order affirmed.
Griffin, J., and McCabe, J. pro tern.,
Assigned by Chairman of Judicial Council.