Santa Barbara County Department of Adoptions v. Maria B.

California Court of Appeal Oct 29, 1980 No. Civ. No. 57782Published

Before: Hanson, Thaxton

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Holding. The court held that the trial court properly exercised its discretion in taking judicial notice of prior court findings and correctly applied the 'clear and convincing evidence' standard of proof in a proceeding to terminate parental rights.

Issues

Did the trial court abuse its discretion by taking judicial notice of juvenile court dependency records?
Is the 'clear and convincing evidence' standard of proof constitutionally sufficient for proceedings under Civil Code section 232, subdivision (a)(7)?

Disposition. affirmed

Quotations verified verbatim against the opinion

“The trial court in taking judicial notice of the findings and orders of the juvenile court in the dependency proceedings did not, as Maria B. contends, abuse its discretion.”

“Civil Code section 232, subdivision (a)(7), is clear and in its present express form it provides for the use of the clear and convincing standard of proof in section 232, subdivision (a)(7), proceedings.”

[438]Opinion

HANSON (Thaxton), J. Maria B. appeals an order of the trial court declaring her minor daughter, Tanya F., free of parental custody and control. (Civ. Code, § 232.)

Facts

The County of Santa Barbara, Department of Adoptions (hereinafter referred to as the County) on November 19, 1978, filed a petition to have the minor declared free of the custody and control of her natural parents, Maria B. and David F. The petition alleged, inter alia, that Tanya F. had for more than two consecutive years prior to its filing been in one or more foster homes; that the parents had failed and were likely to fail in the future to provide a home or care and control for the child; and that it would be detrimental to the minor to be returned to her parents. The required report and recommendation of the probation officer was filed on May 24, 1979, and the trial court after considering the evidence, both oral and documentary, on June 12, 1979, rendered its decision that the petition be granted. Pursuant thereto the court on July 12, 1979, entered its order declaring Tanya F. free of the custody and control of both parents. An appeal was filed by her mother, Maria B.; there is no appeal by David F.

The trial court prepared and filed a lengthy memorandum of decision as well as findings of fact and conclusions of law in support of its order. The facts therein summarized, which are supported by the record, disclose that Tanya F. was born June 7, 1972. She resided with and was cared for by her maternal grandmother. Maria B. was convicted of forgery in 1974 and remained at the California Rehabilitation Center (hereinafter referred to as CRC) until September 1975. Tanya F. was with her mother when she was once again arrested for use of controlled substances in October 1975. Since the minor’s father was in prison at the time, Tanya F. was placed in the foster care home of Sandra Everett and Jean Robbins on November 13, 1975, after a brief period in shelter care. Tanya F. was found to be a dependent ward of the juvenile court on December 15, 1975. She remained in that status and resided at the foster home continuously from that time to the date of the hearing.

Meanwhile, Maria B. was released from CRC. On January 29, 1976, she was returned to CRC and she was "again released in November 1976. On September 21, 1977, she was arrested for burglary but re-[Oct. [439]

Santa Barbara County Department of Adoptions v. Maria B.

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