County of Los Angeles Department of Public Social Services v. Connie G.

[114]Opinion

COLE, J.* Luwanna S., 8 years old, and her half-brother Sonney G., 4 years old, were the subjects of petitions filed in juvenile court pursuant to section 600 of the Welfare and Institutions Code. The petitions alleged that each of the children fell within subdivisions (a) and' (b) of section 600.1 As to each, the allegations were that the minor had no parent or guardian actually exercising proper and effective parental care or control (subd. (a)) and that the home of the minor was an unfit place by reason of the cruelty of the father and the neglect of the mother (subd. (b)). The subdivision (a) allegations as to Sonney were that he resides in his parent’s home and on or about February 7, 1972, his father struck him “repeatedly with a wooden stick” causing several described wounds and that on several occasions during the preceding one and one-half years the father fired a loaded “BB” gun at the minor and had struck him with his hands, feet and a belt, causing bruises. As to subdivision (b) the allegations were the same.

The allegations of the petition with respect to Luwanna were the same except that as to the February 7, 1972, incident the conduct was alleged to have been directed to Sonney, instead of Luwanna.

The juvenile court sustained the allegations, adjudged the children to be dependent children of the court and ordered them removed from the custody of their mother, Mrs. G., and their father,2 Frank G. Mrs. G. appeals.

The sole claims on this appeal are that there was insufficient evidence to support the court’s actions and that it abused its discretion in ordering the removal of the children. As to the sufficiency of the evidence, we are governed by the same rules that apply to all appeals: we must indulge in all reasonable inferences to support the findings of the juvenile court (In re Rita P., 12 Cal.App.3d 1057, 1060 [95 Cal.Rptr. 430]), and we must also “. . . view the record in the light most favorable to the orders of the juvenile court.” (In re Biggs, 17 Cal.App.3d 337, 340 [94 Cal.Rptr. 519].)

[115]Evidence sufficient to support sustaining of the petitions is as follows: On February 7, 1972, Mrs. Sullivan saw Sonney’s father chase him with a board, grab him, and hit him two times. The board appeared to break. (It was received in evidence and is described in respondent’s brief as being “approximately 14½ by 1¾ inches, by one inch; very old with cracks and pits, rough, ditty, and broken off at both ends.”) Sonney cried. His father brought him into the house and stood him in the corner. The boy sniffled, and stopped crying. When the father left Mrs. Sullivan examined the boy. She saw a purpling area over the kidney and striations on the buttocks and leg. Two other ladies who were present saw two long swollen red marks on the buttocks. Mrs. Sullivan had seen other bruises on Sonney three or four days later.