In Re Terry D.

In this proceeding by the Butte County Department of Social Welfare to have six minor children declared free from parental custody and control pursuant to Civil Code section 232, subdivisions (a)(2) and (a)(7), the trial court granted the petitions (which have been consolidated for trial) and appointed the Children’s Home Society of California as being guardian under the provisions of section 239 of the Civil Code. The natural mother (Ora) appeals.

The parties stipulated that the six children are the children of Ora D. and Joseph D; that the birthdate of the oldest of these minors is December 23, 1967, and of the youngest April 6, 1974; that the five oldest had been dependent children of the juvenile court since March 15, 1973, their parents having been deprived of their custody since that date; that the youngest had been a dependent child of the juvenile court and his parents deprived of his custody since July 11, 1974; and that all of the children, with the exception of the youngest, had been cared for in one or more foster homes under the supervision of the juvenile court for more than two consecutive years. This allowed the five eldest to be considered under Civil…

I dissent. Before children can be permanently taken from their parents, constitutional requirements of due process demand a showing of extreme neglect. We deal with a fundamental right on the part of parents to raise a family and on the part of children to be raised in a family setting. Further, the acts committed by the parents which permit the termination of parent-child relationship are otherwise defined as criminal acts. There is moral fault-finding implicit in such actions. Accordingly, the highest standard must be applied to the required proof before the parent-child relationship can be permanently severed; that is, there must be proof beyond a reasonable doubt. The trial court applied a preponderance of the evidence standard in making its determination as to five of the children, and I would therefore reverse the judgment as to those children. The trial court applied the appropriate standard in ruling on the matter of the youngest child, however I find that the evidence is insufficient to support the judgment as to that child and would accordingly reverse.

I. Substantive Due Process Considerations

“It is beyond peradventure that freedom of personal choice in matters of…

Don E. Bennett, under appointment by the Court of Appeal, for Objector and Appellant.

Daniel V. Blackstock, County Counsel, and James R. Griffith, Deputy County Counsel, for Petitioner and Respondent.

OPINION

REGAN, J.

In this proceeding by the Butte County Department of Social Welfare to have six minor children declared free from parental custody and control pursuant to Civil Code section 232, subdivisions (a)(2) and (a)(7), the trial court granted the petitions (which have been consolidated for trial) and appointed the Children's Home Society of California as being guardian under the provisions of section 239 of the Civil Code. The natural mother (Ora) appeals.

The parties stipulated that the six children are the children of Ora D. and Joseph D; that the birthdate of the oldest of these minors is December 23, 1967, and of the youngest April 6, 1974; that the five oldest had been dependent children of the juvenile court since March 15, 1973, their parents having been deprived of their custody since that date; that the youngest had been a dependent child of the juvenile court and his parents deprived of his custody since July 11, 1974; and that all of the children, with the…