San Diego County Probation Department v. Farley

MUSSELL, Acting P. J. This is an appeal from an order of the Juvenile Department of the Superior Court of San Diego County adjudging Michael Allen Parley, a minor, a ward of the juvenile court of said county under section 700, subdivision (b), of the Welfare and Institutions Code, and giving said minor’s custody to the probation officer of said county. It was further ordered that the child be placed with his father in Naehes, Washington, and “that said ward shall be subject to the supervision of the probation officer and the further orders of this court.” Larissa Laurel Parley, the mother of said minor, appeals from this order, and the principal question here involved is whether the evidence is sufficient to support it.

The report of the probation officer and the testimony adduced at the hearing in this matter shows the following: The probation officer of San Diego County and the Department of Public Welfare have had frequent dealings with appellant and her child. The matter of the child’s custody was first brought to the attention of the probation department [476]in 1953, when the superior court ordered the probation officer to conduct an investigation and to report on the fitness of the parents to have the custody of the child. This investigation apparently was made in connection with a divorce action and the custody of the child was then awarded to appellant. Appellant applied for aid to needy children in April, 1956, through the welfare department and aid was granted in June, 1956.

On October 19, 1957, appellant placed Michael in the Hill-crest Detention Home and on the evening of October 20th she was found lying on the front porch of the home. When found, she stated she had just been released from the hospital and was too weak to get home by herself. The supervisor of the home then contacted the probation department and reported that appellant was extremely emotionally upset and stated that he doubted her ability to care for her child. The probation department then got in touch with the Department of Public Welfare and learned from a case worker that it was her opinion that appellant was incapable of properly caring for her child due to extreme emotional disturbance. The ease worker stated that she felt that it was necessary to refer the child to the probation department. In the referral which followed it was stated that appellant’s physical health and emotional condition had so far deteriorated that her health problems were having a serious and unfortunate effect on the child’s welfare.