In Re Lamson

NOURSE, J.

The petitioner, who is the father of Gertrude Lamson, a ward of the juvenile court of the county of Butte, filed his application in this court for a writ of

habeas corpus

for the purpose of examining into the legality of the confinement of said ward and obtaining her discharge from custody. The grounds of the petition are that said ward is illegally held in custody because at the time of the original commitment no service of citation was made upon the parents of said ward, that the same was not filed with the clerk of the court prior to hearing, and that service thereof was not waived by them by a voluntary appearance entered in the minutes of the court, as required by section 4 of the juvenile court law. (Stats. 1915, p. 1225.)

The facts of the case are that on the second day of June, 1916, the judge of the superior court, sitting as a judge of the juvenile court in the county of Butte, made and entered his judgment adjudicating said Gertrude Lamson a ward of the juvenile court and finding that the parents of s'aid ward were incapable of exercising proper parental control over her. Said judgment and findings were made as a result of the hearing conducted by said court on the twenty-ninth day of May, 1916, based upon a petition regularly filed therein on the twenty-fifth day of the same month. Thereafter and on the ninth day of April, 1917, the petitioner herein filed with the district court of appeal for the state of California, in and for the third appellate district, his application for a writ of

habeas corpm

directed to the probation officer of said county of Butte, based on the same grounds urged herein. This application was denied. On April 24, 1917, a new petition was filed in the juvenile court of the county of Butte, asking that said ward be com

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mitted to the St. Catherine’s Home and Training School in San Francisco. Citation thereon was duly served upon the parents of said ward, and they duly appeared at the hearing thereof, were present in court, were represented there by counsel, and took part in all said proceedings. As a result of said hearing said court did on the second day of May, 1917, commit said ward to the St. Catherine’s Home and Training School, where she is now confined. No appeal was taken from this order.