In Re Lockwood

—Betty Sue Lockwood, a minor, by petition of her mother (who bears exactly the same name) seeks release from detention under an order of the juvenile court. When the petition was filed the minor was held by the Chief Probation Officer of the County of Santa Clara. Although she has been removed under court order and lives with relatives in Bar stow, this court retains jurisdiction because the juvenile court committed Betty Sue Lockwood to the care, custody and control of the probation officer for a suitable foster home or relative placement.

The sole basis for the juvenile court’s removing the child from the custody of her parents is the court’s finding that she is a “dependent child” within the meaning of section 600, subdivision (b) of Welfare and Institutions Code because, the court found, she “resides within a home which is an unfit place for her by reason of depravity. ’ ’

The question is whether there is substantial evidence that there exists depravity of a parent. We hold that there is not. The only evidence on which the court relied for its finding was testimony by a police officer that the girl told him that her father had had sexual intercourse with her and had molested…