In Re Arthur C.

California Court of Appeal Dec 19, 1985 No. G002220Published

Before: Sonenshine

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Holding. The court held that a parent's conviction of a felony may support the termination of parental rights under Civil Code section 232, subdivision (a)(4), even if the children were not present during the crime or in current danger.

Issues

Whether a felony conviction requires the children's presence or current danger to justify termination of parental rights under Civil Code section 232(a)(4).
Whether the trial court abused its discretion in finding the father unfit based on his felony conviction and criminal history.

Disposition. affirmed

Quotations verified verbatim against the opinion

“There is no requirement, nor should there be, that the children be present when the felony occurs or that they be in current danger.”

“The commission of the felony need not include the participation of the children, nor does it have to be completed in their presence.”

“The circumstances need only be those which, in the trial court's discretion, prove the unfitness of the parent.”

176 Cal.App.3d 442 (1985) 222 Cal. Rptr. 388 In re ARTHUR C. et al., Minors.

ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, Petitioner and Respondent,

ARTHUR H., Objector and Appellant.

Docket No. G002220. Court of Appeals of California, Fourth District, Division Three.

December 19, 1985. [443] COUNSEL

Peter C. Carton, under appointment by the Court of Appeal, for Objector and Appellant.

Adrian Kuyper, County Counsel, and Thomas F. Morse, Deputy County Counsel, for Petitioner and Respondent.

[444] OPINION

SONENSHINE, J.

The father of three minor children appeals the granting of the Orange County Department of Social Service's petition to terminate his parental rights.[1] We affirm.

The father and mother lived together approximately four and a half years. These three children resulted, but the union was not a happy one. In April of 1982 the children were declared dependent children of the Orange County Juvenile Court under section 300, subdivisions (b) and (d) of the Welfare and Institutions Code. They were taken from the parents and began to reside in foster homes. The following month the father was arrested for stabbing the mother 17 times in the neck, chest, abdomen, back and extremities. He was convicted of assault with a deadly weapon and is currently serving a seven-year prison term.

The underlying petitions were filed and granted in 1984. The trial court found "stabbing the mother of the children ... 17 times certainly indicates a nature ... that the man has either a substantial drug and/or drinking problem, or a nature of temper outbursts or such which are dangerous, could be deleterious to the children." The court also commented on the father's past criminal conduct and apparent drug and/or alcohol problems.[2] The court found "by clear and convincing evidence, pursuant to 232 (a) (4) [sic] of the Civil Code ... that [in] the best interests of the children, pursuant to 4600 of the Civil Code,[3] it would be detrimental to return the three minors to the custody of the father.

In Re Arthur C.

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SONENSHINE, J.

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