Estes v. Department of Public Social Services

Opinion

LILLIE, J. On April 6, 1964, the minor was adjudged a dependent child of the court under section 600, subdivisions (a) and (b), Welfare and Institutions Code, and placed in a foster home until the cause was dismissed on March 1, 1965, at which time he was returned to his mother, [313]appellant. On June 7, 1967, the minor was again declared a dependent child under section 600, subdivision (a), and thereafter suitably placed through the Department of Public Social Services and under its supervision with his father. Thereafter in 1968 the minor’s dependency status was renewed and all visitation rights of appellant were canceled; in 1969 renewal of dependency status was again effected and on August 26, 1969, limited visitation rights were restored to appellant and the matter continued to June 9, 1970. On June 9, the cause again came before the court for review and renewal of dependency status. After taking testimony and considering the report of the social worker, the judge ordered that the minor remain under the jurisdiction of the juvenile court as a dependent child in the home of the father under supervision of the Department of Public Social Services and visitation by appellant be controlled, and left the matter open for modification of the order if conditions change. She appeals from the order claiming, as in the court below, that the juvenile court could not retain jurisdiction over the minor pursuant to section 600, subdivision (a), because the evidence establishes that at least one, if not both natural parents are capable of exercising effective parental care and control over him.

The argument is not persuasive legally or factually. At the conclusion of the hearing the court expressly found that the minor’s “best interests and welfare requires that he is going to remain as placed with the father . . . under the supervision of the Department of Public Social Services.” The import of appellant’s argument is that since the minor’s father is capable of and is exercising effective parental care and control over him, the juvenile court lost jurisdiction and “is erroneously deciding the matter of child custody between the natural parents.”

Jurisdiction of the juvenile court extends to a person under 21 years of age who comes within certain specified descriptions. (In re Schubert, 153 Cal.App.2d 138, 142 [313 P.2d 968].) At the original hearing petitioner has the burden of establishing facts upon which jurisdiction rests. On June 7, 1967, at the original hearing, the jurisdictional facts were established under the petition (§ 701, Welf. & Inst. Code) and the court determined that the minor came under the provisions of subdivision (a), section 600, Welfare and Institutions Code,1 declared him