Sonoma County Department of Social Services v. David R.

Opinion

WHITE, P. J. David R., Sr., the father of Jeanette R. and David R., Jr., appeals from the dispositional findings and order entered by the Sonoma County Superior Court. For the reasons stated below we affirm the order.

The factual background of this action is undisputed. On December 2, 1986, a petition was filed in the San Francisco County Superior Court to have Jeanette (born Apr. 24, 1980) and David, Jr. (born Jan. 25, 1982) declared dependent children of the court pursuant to Welfare and Institu[1340]tions Code section 300, subdivisions (a) and (d).1 The petition specifically alleged that the children’s home was unfit by reason of physical abuse, neglect, and cruelty or depravity of either of the parents in that: Count I— The father of the minors was incarcerated on or about November 30, 1986, for stabbing his girlfriend in residence, resulting in admission of the minors into shelter;

Count II—During the stabbing incident of November 30, 1986, the children were present and were threatened by the father;

Count III—The father had a history of violent behavior with the minors, older children, spouses and other adults and had an extensive criminal record including arrests and conviction for assault, rendering him a danger to his children;

Count IV—The father had a drug abuse problem which rendered him unable to care for the minors;

Count V—The mother of the minors did not have legal custody of the minors and her exact current whereabouts were unknown;

Count VI—The mother had a history of neglect as indicated by previous dependency proceedings and out-of-home placement as a result of sexual abuse while in the mother’s care;

Count VII—There had been three prior CES referrals alleging abuse and neglect since March of 1985;

Count VIII—The father was unable to care for the minors because he was incarcerated.

On March 9, 1987, appellant admitted to count VIII of the petition and jurisdiction was declared under section 300, subdivision (a). The remaining counts against appellant, including the section 300, subdivision (d) allegation, were dismissed.

On June 12, 1987, jurisdiction as to the natural mother, Marilyn R., was declared. On November 17, 1987, the children were declared dependents of the court and placed in the home of their mother. In April of 1988, the proceedings were transferred to the Sonoma County Superior Court as Sonoma was the mother’s county of residence.