Lee v. Melkonian

WOOD (Fred B.), J.

In January, 1953, Lewon Melkonian shot and killed his wife and one Lewon Usunian. In July of that year he was convicted of manslaughter on two counts and was sentenced to serve consecutive terms in the state prison.

Meanwhile, the three children of Melkonian and his deceased wife (the oldest of the children was born in February, 1945) were declared wards of the juvenile court in a proceeding brought pursuant to section 700, subdivision (b), of the Welfare and Institutions Code.

In May, 1954, pursuant to the provisions of section 701, subdivision (d), of the code a probation officer petitioned for an order declaring the children free from the custody of their father. The trial court found the foregoing facts. It also found that the father is incarcerated in the state prison and has been deprived of his civil rights due to the convictions mentioned, felonies of such a nature as to prove his unfitness to have the future custody and control of the

children;

that the terms of sentence currently being served by him are such that the children will be deprived of a normal home for a period of years; that there is no other relative of the children residing within this state whose relationship and address are known; that the children are persons within the meaning of section 22 of article IV of the state Constitution, section 224 of the Civil Code and section 701, subdivision (d), of the Welfare and Institutions Code and should be declared free from the custody and control of their parent Lewon Melkonian. Melkonian has appealed from the judgment and from an order denying his motion for a new trial.

His first contention is that section 701, subdivision

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(d), is too vague and uncertain to furnish a standard for guidance of the courts in administering it. He says that the reference to “felony” is too broad in its sweep. It includes a number of felonies, he claims, the commission of which would have no bearing upon the perpetrator’s fitness or unfitness as a parent. He overlooks the fact that “conviction of a felony” is only one of the elements of the formula which this statute gives the juvenile court for its use in investigating and determining the fitness of a parent. In addition, the parent must be a person who is “deprived of . . . [his] civil rights” due to such a conviction. He must also be a “parent . . . who . . . [is] imprisoned.”