In Re Rocco M.

Bad Law
1 Cal. App. 4th 814·2 Cal. Rptr. 2d 429
Court of Appeal of CaliforniaDecember 11, 1991A050854California4,944 words

Opinion

Opinion

This is an appeal from an order of the juvenile court adjudging Rocco M. a dependent child as described in Welfare and Institutions Code section 300, [1] subdivision (b). Rocco's mother, Catherine P., challenges the order on the grounds that (1) the court improperly took judicial notice of its file in previous proceedings concerning Rocco; and (2) the evidence was insufficient to support the finding of dependency. We affirm the order.

In May 1990, the department filed a petition seeking to have Rocco, then 11 years old, declared a dependent child. As later amended, the petition alleged that Rocco was a person described in section 300, subdivision (b), in that "1) The minor's mother has a history of alcohol and drug abuse problems which interfere with her ability to adequately parent, provide for and supervise the minor, i.e., [¶] (a) On or about May 2, 1990, the minor was left in the care of a relative who was arrested on that date for possession of heroin and methamphetamines; [¶] (b) On or about April 3, 1990, the minor was left in the care of a friend of mother's who kicked him in the stomach. [¶] 2) The minor was a dependent of the Juvenile Court of…

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