Harrison v. Ivarsson

California Court of Appeal May 3, 1963 No. Civ. 10310Published

Before: Schottky

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Holding. The court held that the juvenile court did not abuse its discretion in dismissing the petition to declare the minor a ward of the court, as the evidence did not support a finding that the child was destitute or lacked the necessities of life.

Issues

Whether the juvenile court abused its discretion in dismissing a petition to declare a minor a ward of the court.
Whether the juvenile court may rely on the recommendation of a probation officer in determining the disposition of a juvenile case.
Whether the appellant waived the right to complain about the lack of a formal hearing by acquiescing to the submission of the cause.

Disposition. affirmed

Quotations verified verbatim against the opinion

“To attack a determination of a juvenile court in a proceeding such as this the appellant must show that the court abused its discretion, and in the absence of such a showing the broad discretion of the juvenile court judge will not be disturbed.”

“From a review of the evidence presented, the juvenile court did not abuse its discretion in ordering the proceedings dismissed.”

SCHOTTKY, J.

Evan K. Harrison has appealed from an order of the Superior Court of Placer County sitting as a juvenile court dismissing a petition to declare Victoria Harrison, also known as Victoria Ivarsson, a minor, a ward of the juvenile court.

Victoria Ivarsson, the minor, is the daughter of Edward Harrison, deceased, and Julie Vance Ivarsson. After Edward Harrison’s death Julie married Karl Ivarsson, her present husband, who then adopted the child. The Ivarssons reside in a small town in Switzerland. In the spring of 1960 appellant requested that Victoria visit him and her paternal grandmother. This request was granted on the condition that the child be returned to her home in Zermatt, Switzerland, in August.

On August 19, 1960, a petition was filed in the superior court by Evan K. Harrison, the stepgrandfather, to have

[725]

Victoria declared a ward of the court. The verified petition alleged that Victoria was a person within the provisions of subdivision (c) of section 700 of the "Welfare and Institutions Code which provided that the jurisdiction of the juvenile court extends to any person under the age of 21 “ [w]ho is destitute, or who is not provided with the necessities of life by his parents, and who has no other means of obtaining such necessities. ’ ’

The verified petition asserted that the child is the beneficiary of a $2,000,000 trust which is under the supervision of the court of the State of Washington; that the child is not receiving an education in a school where the English language is taught or where any other subjects required to be taught by the public or private schools in the State of California or the State of Washington are part of the curriculum; that the child suffers from an untreated eye affliction; and that the village of Zermatt is an unhealthy place for the child to reside. Additional allegations were made concerning improper use of funds received by the minor’s parents for the child’s support.

After the petition was filed, the parents arrived in the United States. The child was placed in the custody of her mother and thereafter a stipulation was entered into. It provided that the guardian

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Harrison v. Ivarsson

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SCHOTTKY, J.

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