In Re Steve W.

James S. Donnelly, under appointment by the Court of Appeal, for Minor.

OPINION

VARTABEDIAN, J.

Steve W., an infant, was ordered removed from the physical custody of his mother, Wanda B., essentially because of the slaying of his five-year-old half brother committed by Steve W.'s father, Thomas W. The mother appeals the dispositional order, claiming that substantial evidence does not support the court's removal of the minor from her physical custody and the adjudication of dependency pursuant to new Welfare and Institutions Code [1] section 300, subdivision (j) was improper. We conclude the new section was properly utilized; however, the removal here was not substantiated by the evidence.

This action was initiated on December 1, 1988, when a petition was filed pursuant to section 300, subdivisions (a) and (d), seeking to declare Steve W. a dependent child of the court. At a contested jurisdictional hearing on December 19, 1988, the petition was found true, and Steve W. was found to be a person described by section 300, subdivisions (a) and (d).

The dispositional hearing was held on January 5, 1989. The social service worker's report recommended that the minor be adjudged a…