Fare v. Maria R.

[733]

Opinion

KINGSLEY, Acting P. J.

Maria appeals from an order of the juvenile court finding her to be a person coming within the provisions of section 602 of the Welfare and Institutions Code and directing that she be taken from her mother’s home and suitably placed.

1

For the reasons hereinafter set forth, we reverse the order.

The minor was, at the times herein involved, a girl of the age of 16. She had two children, the one herein involved being Rosa, an infant of the age of eight months. Maria and her two children lived with Maria’s mother and, because Maria was still in school, much of the responsibility for the care of the children fell on the mother. On February 10, 1976, the mother noticed that Rosa was ill and Maria and her mother took the baby to their family doctor. The doctor said that there was nothing wrong with Rosa and sent them home. The next day, noticing continued symptoms, including bloody stools, the two women took Rosa to a hospital. The history of Rosa, given by Maria at the time of admittance, included the information that the baby had been given an aspirin tablet every four hours for about a week previous and that the baby, by joint decision of Maria and her mother, had been taken off “formula” about two months after her birth and had, thereafter, been fed baby cereal mixed with water.

The diagnosis of Rosa was that of intoxication from overdosage of aspirin coupled with malnutrition due to a diet deficient in necessary nutrients.

The petition filed in this case alleged that Maria was within section 602 of the Welfare and Institutions Code in that she had violated subdivision (1) of section 273a of the Penal Code. That subdivision reads as follows: “(1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health is endangered, is punishable by imprisonment in the county jail