Estes v. Department of Public Social Services
Estes v. Department of Public Social Services
Opinion of the Court
Opinion
On April 6, 1964, the minor was adjudged a dependent child of the court under section 600, subdivisions (a) and (b), Welfare and Institutions Code, and placed in a foster home until the cause was dismissed on March 1, 1965, at which time he was returned to his mother,
The argument is not persuasive legally or factually. At the conclusion of the hearing the court expressly found that the minor’s “best interests and welfare requires that he is going to remain as placed with the father . . . under the supervision of the Department of Public Social Services.” The import of appellant’s argument is that since the minor’s father is capable of and is exercising effective parental care and control over him, the juvenile court lost jurisdiction and “is erroneously deciding the matter of child custody between the natural parents.”
Jurisdiction of the juvenile court extends to a person under 21 years of age who comes within certain specified descriptions. (In re Schubert, 153 Cal.App.2d 138, 142 [313 P.2d 968].) At the original hearing petitioner has the burden of establishing facts upon which jurisdiction rests. On June 7, 1967, at the original hearing, the jurisdictional facts were established under the petition (§ 701, Welf. & Inst. Code) and the court determined that the minor came under the provisions of subdivision (a), section 600, Welfare and Institutions Code,
It is clear that appellant may not at a dependency status renewal hearing relitigate the original issue of jurisdiction, and that the juvenile court did not lose jurisdiction merely because the natural father is exercising care and control over the minor under the supervision of the Department of Public Social Services. He does not have unrestrained care and control of the minor as in a normal parent-child relationship for the Department of Public Social Services provides continuing supervision over both minor and parent. Actually the minor’s placement with his father is of a tenuous nature for, as reported by the social worker, “the father is well aware that if there is any adverse difficulty arising that he has been warned
Thus the second issue arises—whether appellant proved to the satisfaction of the juvenile court that the protection of the minor no longer requires its supervision. The judge found that she did not and that it was in the best interests of the minor that he remain under the supervision of the juvenile court. We conclude that the finding is supported by the evidence. Background information shows that appellant and the father were never married and that originally appellant’s mother was unalterably opposed to the latter and appellant’s relationship with him. However, it now develops that appellant’s mother has taken an active interest in the minor and she and other maternal relatives have created a great deal of confusion in the child’s mind by exerting pressures on him. It is the opinion of the social worker that if dependency is discontinued further difficulties would be encountered since the minor is being harassed and pressured by appellant’s relatives; she also testified that the minor loves both parents, although he prefers to live with his father and he is progressing in his father’s home and is no longer a behavior problem. While the father is willing and apparently capable of exercising the proper care and control of the minor under the supervision of the Department of Public Social Services, and appellant claims she has established that she, too, is capable of doing so, the court determined under the circumstances that the time had not yet arrived for the minor to live with either parent without supervision of the court. Appellant is now married and the mother of two smaller children. Apparently the judge considered, among other factors, the difficulties arising out of the efforts of appellant’s relatives to influence the minor, that a step-father is in the home, how much time appellant could devote to the minor, how a change of environment might affect him at this particular time, and whether the child’s best interests would be served by terminating dependency and removing him from the watchful eye of the social worker. There is manifest in the record before us no abuse of the court’s discretion.
The order is affirmed.
Wood, P. J., and Thompson, J., concurred.
Section 600, Welfare and Institutions Code provides: “Any person under the age of 21 years who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge such person to be a dependent child of the court:
“(a) Who is in need of proper and effective parental care or control and has no parent or guardian, or has no parent or guardian willing to exercise or capable of exercising such care or control, or has no parent or guardian actually exercising such care or control.”
Reference
- Full Case Name
- In re TITO FRANCECISCO, a Person Coming Under the Juvenile Court Law. ALBERTA ESTES, and v. DEPARTMENT OF PUBLIC SOCIAL SERVICES, and
- Cited By
- 2 cases
- Status
- Published