In Re Malinda S.

Bad Law
272 Cal. Rptr. 787·51 Cal. 3d 368·795 P.2d 1244
Supreme Court of CaliforniaSeptember 6, 1990S012792California10,749 words

Opinion

Opinion

John Y. Tremblatt, under appointment by the Court of Appeal, for Minor.

OPINION

LUCAS, C.J.

We granted review to decide whether a juvenile court may rely on "social studies" [1] prepared by a social worker when determining whether a minor falls within its jurisdiction under Welfare and Institutions Code [2] section 300, subdivision (d). [3] We conclude the reports are competent to support such a determination and accordingly affirm the decision of the Court of Appeal so holding.

Malinda S. was born in June 1983. Her parents, Carol S. and Russell S., married in August 1984 and separated in January 1986. After the separation Malinda lived with her father on weekdays and spent weekends with her mother. Russell's grandmother helped care for Malinda during the week.

Carol claimed to have noticed behavioral changes in Malinda beginning in April 1987. According to Carol, Malinda became withdrawn, cried more readily, became upset when she saw people without clothes, and threw temper tantrums when it was time to return to her father's home. On September 11, 1987, Carol picked up Malinda from Russell's grandmother and took her home. That evening Carol gave Malinda a bath and believed…

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