In Re Jose M.

Bad Law
206 Cal. App. 3d 1098·254 Cal. Rptr. 364
Court of Appeal of CaliforniaNovember 30, 1988D006443California2,959 words

Opinion

Opinion

Michele Sacks Lowenstein, under appointment by the Court of Appeal, for Objector and Appellant.

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman and Kerry Wells Hamor, Deputy District Attorneys, for Petitioner and Respondent.

David H. Askey, under appointment by the Court of Appeal, for Minor.

OPINION

BENKE, J.

Blanca N. appeals an order declaring her minor son, Jose M., a dependent child of the juvenile court (Welf. & Inst. Code, [1] § 300, subd. (a)). She contends the court erred in refusing to order informal supervision (§§ 330, 360) and the evidence was insufficient to support the finding of dependency. We affirm.

On November 5, 1986, the Department of Social Services (DSS) filed a petition under section 300, subdivision (a), alleging Jose had no parent or guardian actually exercising or willing and able to exercise care and control, in that the emotional atmosphere in the home, including excessive discipline by the mother and stepfather, was detrimental to Jose. On March 16, 1987, the petition was amended to allege, "[T]he mother and the stepfather subjected the minor to excessive discipline including but not limited to pulling said minor's hair, dragging him…

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