Geller v. Los Angeles County Department of Adoptions

KINGSLEY, J. This is an appeal from the denial of the petition of David J. Geller and Lenora Geller for the adoption of Baby Boy Schroetter, a minor, and an order for the removal of the minor from the home of petitioners and commitment of the child to the Los Angeles County Department of Adoptions (formerly known as the Los Angeles County Bureau of Adoptions) purportedly pursuant to section 226c of the Civil Code. The order of custody of the minor required that the child be removed from the home of the petitioners and delivered to the Los Angeles County Bureau of Adoptions pursuant to Civil Code, section 226e. The court found that “there is a situation in the home which is not in the best interest of the subject minor” and concluded that “the petitioners are not suitable for this minor child. ’ ’ Motion for new trial was heard and denied.1

The action below was based on the petition of David J. Geller and Lenora Geller to adopt a minor child by an independent petition for adoption rather than an agency or stepparent adoption. The natural mother signed a consent for adoption by the petitioners. Dr. Simon Conrad testified on behalf of petitioners and the Los Angeles County Department of Adoptions presented medical evidence by way of a report by John Paul Walters, M.D. Dr. Walters’ report was entered into evidence by stipulation between counsel. The bureau also relied on two reports of that agency which were submitted to the court. The initial report entitled “Conditional Approval Recommended” was dated January 24, 1966, and the second report was entitled “Supplemental Report Denial Recommended,” was dated April 28, 1966.

Petitioners assert that the decision was unsupported by the evidence, that the decision of the trial court was based on bias and the court abused its discretion, that the trial court denied petitioners due process in refusing to permit them to cross-examine Dr. John Paul Walters, and finally, that the trial [368]court acted outside its jurisdiction in eommiting the child, to the Los Angeles County Bureau of Adoptions.2

I

The decision was supported by the evidence. When a verdict is attacked as being unsupported by the evidence, the power of the appellate court begins and ends with the determination as to whether there is any substantial evidence, contradicted or uncontradicted, that will support the conclusion. (Crawford v. Southern Pac. Co. (1935) 3 Cal.2d 427 [45 P.2d 183].) Dr. Walters’ report to the county bureau of adoptions stated that, at the time of her examination, Mrs. Geller exhibited the same reactions which she exhibited in the past. Dr. Walters stated that she was “apprehensive, defensive, guarded,” and attempted to present herself in the best possible light. Dr. Walters’ report indicated that Mrs. Geller had been previously depressed, that she had previously had an intestinal illness, that her basic problem was a conflict between spontaneity and a fantasy “right way to do things,” that she has little or no self image, and that she seeks a “non-existent perfectionism.” Dr. Walters concluded that Mrs. Geller has a “long standing passive-aggressive character disorder and will undoubtedly develop psychiatric symptoms in the future and be in need of psychiatric care.” Dr. Walters also reported that Mr. Geller had feelings of inferiority and that “one would definitely have reservations about the psychological well-being of a child brought up by parents who have such poor opinions of themselves.” Dr. Walters added that “neither of these people present a gravity of psychiatric disturbance at the present time which would definitely preclude their functioning as adoptive parents. ’ ’