In Re Terry Y.
McFarlin v. Benny Y.
Opinion
Opinion
Scott, J.
Terry Y., a minor, was declared by the juvenile court to be a dependent child and removed from the custody of his parents because of physical abuse. His parents on appeal contend that the state court lacks jurisdiction over Terry in that he is a resident of Fort Ord, a federal enclave. We conclude that the juvenile court’s exercise of jurisdiction does not conflict with federal sovereignty; therefore, the ex- elusive jurisdiction over federal enclaves granted by the Constitution to the Congress was not violated.
Terry Y. and his parents are residents of Fort Ord, a federal military installation in Monterey County. In September of 1976, Terry was declared a dependent child of the court as a minor coming within the provisions of Welfare and Institutions Code section 600, subdivision (d) (superseded by Welf. & Inst. Code, § 300, subd. (d)). Terry, a nine-month-old infant, had suffered a fractured femur and a previous fracture of the rib as a result of parental abuse and neglect. After being declared a dependent child of the court, he was returned to his parents’ home. In December of the same year, Terry suffered a fractured thigh, resulting in a petition for modification…