Bayes v. David S.

Opinion

TAYLOR, J.

This is an appeal from an order dated November 14, 1969, finding appellant to be a ward of the juvenile court as a person “beyond the control” of his parents, pursuant to section 601 of the Welfare and Institutions Code.

The facts, admitted at the hearing, were that the minor, who was about 14 years old, on Friday, September 19, 1969, left home with his mother’s consent to spend the weekend at Stinson Beach with his friends. However, he went to San Diego instead, where he was subsequently apprehended while attempting to cross the border into Mexico. He admitted that he had deliberately lied to his mother because he knew she would not give him

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permission for the trip to San Diego. On the basis of this incident, the court found that the minor was a person “beyond the control” of his parents and, therefore, subject to the jurisdiction of the court pursuant to section 601. He was declared a ward of the court and remanded to the custody of the probation officer for placement in his own home on probation.

The question on appeal is whether the conduct admitted by the minor was sufficient to warrant a finding that he become a ward of the juvenile court. It is uncontroverted that on the basis of the incident described above, the court found that the minor was beyond the control of his parent and, therefore, subject to the jurisdiction of the court.

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Welfare and Institutions Code section 601 provides: “Any person under the age of 21 years who persistently or habitually refuses to obey the reasonable and proper orders or directions of his parents, guardian, custodian or school authorities,

or who is beyond the control

of such person, or any person who is a habitual truant from school within the meaning of any law of this State, or who from any cause is in danger of leading an idle, dissolute, lewd, or immoral life, is within the jurisdiction of the juvenile court which may adjudge such person to be a ward of the court.” (Italics added.)

The phrase “beyond the control” has not been judicially construed