Orange County Social Services Agency v. Sherry B.

[875]Opinion

SONENSHINE, J. Sherry B. appeals from an order declaring her son, Jonathan B., a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivisions (b), (c), and (i).1 She contends subdivision (c) is unconstitutionally vague and in violation of a number of guarantees of the United States and California Constitutions. She further contends the court’s order is unsupported by sufficient evidence as to any ground. Because we decide the case on the basis of sufficiency of the evidence to support the dependency orders under subdivision (b), we do not reach the constitutional issues in regard to subdivision (c). The reviewing court “should not decide constitutional questions unless compelled to do so.” (People v. Marsh (1984) 36 Cal.3d 134, 144 [202 Cal.Rptr. 92, 679 P.2d 1033].)

I, II*

III

Sherry contends the judgment cannot be affirmed unless the evidence is sufficient to support all of the grounds upon which the court relied in making its dependency orders. We disagree. The reviewing court may affirm a juvenile court judgment if the evidence supports the decision on any one of several grounds: “Since the trial court had sufficient basis to terminate appellant’s parental rights under [Civil Code] section 232, subdivision (a)(6), its findings under subdivision (a)(7) are moot.” (In re Amie M. (1986) 180 Cal.App.3d 668, 676 [225 Cal.Rptr. 645].)

Sherry ignores the above case and relies instead on In re Carmaleta B. (1978) 21 Cal.3d 482 [146 Cal.Rptr. 623, 579 P.2d 514], There, four minors [876]were removed from their home in 1973, due to the father’s sexual abuse of the girls and physical abuse of the boys and the mother’s failure to protect the children. In 1974, a new baby girl was declared a dependent of the juvenile court due to the mother’s inability to protect the child from the father’s possible future sexual abuse. Upon the social service agency’s petition, the trial court found all five children free of custody and control of their parents on grounds of both parents’ cruelty and neglect and mental illness.