In Re Nanette M.

San Diego County Department of Social Services v. Nita M.

Good Law
1990 Cal. App. LEXIS 305·219 Cal. App. 3d 202·268 Cal. Rptr. 214
Court of Appeal of CaliforniaMarch 28, 1990D010072California2,761 words

Opinion

Opinion

Wiener, J.

Nita M. appeals from a judgment declaring her daughter Nanette free from her custody and control pursuant to Civil Code section 232, subdivisions (a)(2) and (a)(7). Nita challenges the sufficiency of the evidence as to each of the court’s findings. We affirm.

Factual and Procedural Background

Nita has two children: a son, Timothy, born in 1979; and a daughter, Nanette, born in 1986. This case involves an adjudication of Nita’s right to custody and control of Nanette.

Nita has a history of mental infirmity dating back to the time of her son’s birth, although authorities did not learn of her problems until 1984. At that time, she and Timothy were in a shopping mall where a security guard noted scratches about the boy’s throat and called police. The officers questioned Timothy and learned Nita had lost control, grabbed him by the throat, and scratched him with her fingernails.

Timothy was taken into protective custody. Upon learning more about the family situation, including the fact that Nita had been diagnosed as schizophrenic, the department of social services (DSS) successfully petitioned to have Timothy declared a dependent of the court. Nita’s parents eventually…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.