In Re Luwanna S.

California Court of Appeal Feb 21, 1973 No. 40732Published

Before: Cole

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Holding. The court held that the evidence of physical abuse and the potential for future harm was sufficient to support the juvenile court's findings and that the removal of the children from parental custody was not an abuse of discretion.

Issues

Whether there was sufficient evidence to support the juvenile court's findings under Welfare and Institutions Code section 600.
Whether the juvenile court abused its discretion in ordering the removal of the children from their parents' custody.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The evidence which was presented, with the inferences to be drawn from it, meets the standards for sufficiency.”

“We cannot hold that the court abused its discretion.”

31 Cal.App.3d 112 (1973) 107 Cal. Rptr. 62 In re LUWANNA S. et al., Persons Coming Under the Juvenile Court Law.

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent,

CONNIE G., Defendant and Appellant,

THE PEOPLE, Real Party in Interest and Respondent.

Docket No. 40732. Court of Appeals of California, Second District, Division Five.

February 21, 1973. [113] COUNSEL

Harvey E. Byron for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Joseph P. Busch, District Attorney, Harry Wood and Daniel L. Bershin, Deputy District Attorneys, for Real Party in Interest and Respondent.

[114] OPINION

COLE, J.[*]

Luwanna S., 8 years old, and her half-brother Sonney G., 4 years old, were the subjects of petitions filed in juvenile court pursuant to section 600 of the Welfare and Institutions Code. The petitions alleged that each of the children fell within subdivisions (a) and (b) of section 600.[1] As to each, the allegations were that the minor had no parent or guardian actually exercising proper and effective parental care or control (subd. (a)) and that the home of the minor was an unfit place by reason of the cruelty of the father and the neglect of the mother (subd. (b)). The subdivision (a) allegations as to Sonney were that he resides in his parent's home and on or about February 7, 1972, his father struck him "repeatedly with a wooden stick" causing several described wounds and that on several occasions during the preceding one and one-half years the father fired a loaded "BB" gun at the minor and had struck him with his hands, feet and a belt, causing bruises. As to subdivision (b) the allegations were the same.

In Re Luwanna S.

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