In Re Tania S.

Bad Law
5 Cal. App. 4th 728·7 Cal. Rptr. 2d 60
Court of Appeal of CaliforniaApril 16, 1992D014258California2,899 words

Opinion

Opinion

Plourd & Breeze and John W. Breeze, under appointment by the Court of Appeal, for Minors.

OPINION

KREMER, P.J.

Ziad S. appeals the jurisdictional findings and dispositional order in child dependency proceedings brought under Welfare and Institutions Code [1] section 300, subdivisions (a), (b) and (j). Ziad contends (1) the findings and order were not supported by the evidence, and (2) section 300, subdivision (b) is unconstitutional. We affirm.

Ziad was born in Iraq and moved to the United States as a young man. Phyllis S. was born and raised in Utah.

In 1972 Ziad and Phyllis married. Ziad and Phyllis and their first four children lived together until 1981.

In 1981 Phyllis and the children separated from Ziad because of domestic violence between the parents.

In August 1989 Phyllis and the children reunited with Ziad in San Diego. Soon after Ziad and Phyllis reunited domestic violence resumed when the children saw Ziad destroy furniture and Phyllis throw a cup at him. Phyllis promised the children she would leave Ziad again if there was further violence.

On September 22, 1990, Ziad asked his oldest child Tania, age 16, to bring him a hot water bottle for his toothache. When…

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