San Diego County Department of Social Services v. Tae H.

Opinion

NARES, J. Tae H. (mother) and Leland C. (father) appeal an order of the juvenile court declaring their children, Khalid H. and Victoria C., dependents of the court under Welfare and Institutions Code1 section 300. They also appeal from the dispositional order issued by the juvenile court removing the children from their home and placing them in foster care pursuant to section 361.5, subdivision (b)(1).

The mother claims the jurisdictional order must be reversed because the court’s finding was not supported by sufficient evidence to establish that she suffered from a mental illness.

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Discussion

I. The Jurisdictional Order Is Supported by Sufficient Evidence

The mother asserts there is not competent evidence in the record to sufficiently support a finding that she suffered from a mental illness pursuant to section 300, subdivision (b). She argues the appropriate definition for “mental illness” is found under Civil Code section 232, prior to its revision by the Legislature in 1983. Civil Code section 232, subdivision (a)(6), requires the court to receive evidence from two expert witnesses (who must fulfill certain criteria) prior to terminating parental rights based on a parent’s mental incapacity. Since the court did not hear from expert witnesses prior to issuing the jurisdictional order, the mother insists this order must be reversed. We conclude that the mother’s proposed definition of “mental illness” within section 300 defies the rules of statutory construction and is [736]contrary to the legislative intent of section 300, which is to protect minors who face the risk of abuse and neglect by their parents.

It is assumed that the Legislature has existing laws in mind when it enacts a statute. (Estate of McDill (1975) 14 Cal.3d 831, 837-839 [122 Cal.Rptr. 754, 537 P.2d 874].) When section 300 was enacted, Civil Code section 232 was in existence. Civil Code section 232, subdivision (a)(6), requires evidence from two experts who meet certain criteria set forth by Civil Code section 232 in order to terminate parental rights. The Legislature omitted evidentiary requirements in section 300, subdivision (b), with respect to “mental illness.” However, section 361.5, subdivisions (b) and (c), which pertain to denial of reunification measures, explicitly require a court to determine by clear and convincing evidence “that the parent is suffering from a mental disability that is described in Section 232 of the Civil Code.” In addition, section 361.5, subdivision (c), requires “mental health professionals” to provide “competent evidence” that such mental disability precludes the parent from participating in a reunification plan. Section 300 requires jurisdictional grounds to be proved by the preponderance of the evidence. Conversely, section 361.5, subdivisions (b) and (c), and Civil Code section 232 both require a “clear and convincing” standard of proof.