Bayes v. Walker

PEEK, J.

This is an appeal by the father of Mary Patricia Walker, a minor child, from an order decreeing her to be a ward of the juvenile court, committing her to a convent, and ordering the father to reimburse the county for her care and maintenance.

The record which comes to us on a settled statement shows that the probation officer of Solano County filed a verified petition alleging the minor to be a person within the provisions of section'700, subdivision (i), of the Welfare and Institutions Code in that she was beyond the control of her parents and seeking to have her declared to be a ward of the court. A citation was issued and served upon the father and the minor’s stepmother. On the date set for the hearing the parents, who appeared without an attorney, were both sworn but only the father testified. Additionally there was testimony by the deputy probation officer and the child. The officer’s report was considered by the court as well as a written statement by the minor which was included therein.

The settled statement shows that the minor confirmed the truthfulness of her statement set forth in the probation officer’s report concerning her conduct which gave rise to the proceeding; that she did not like the conditions at her home; that she felt her parents would be happier if she were not there - that she did not care if she were there at all as long as

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she might see her father and stepmother occasionally; and that if she were to remain at home she would probably continue her then course of conduct. In this regard the officer also reported that the minor had stated she felt she would like to be in a boarding school and that she would enjoy the company of girls of her own age group.

The father did not deny any of the statements contained in the report which it is now contended were erroneous. Neither did he deny that he had previously sought the advice of the probation officer concerning the best means of handling problems arising from his daughter’s conduct, nor of his fear concerning her actions, nor that he had asked the officers to have her committed to the Convent of the Good Shepherd in San Francisco and had changed his mind only when he learned he would be compelled to pay for her maintenance and support at that institution. His only contention at the time of the hearing was that he felt the best place for his daughter was in his home and that the disciplinary problems which had developed had only arisen since she had been involved in an accident.