Bayes

This appeal, brought on behalf of A. J., a boy aged 13, attacks an order of the juvenile court adjudging him a dependent child under section 600, subdivision (b) of the Welfare and Institutions Code 1 upon a finding that, as *201 alleged in the amended petition, ‘ ‘ The home of said minor is an unfit place for him by reason of the depravity of his mother, in that the mother is . . . co-habiting with a man not her husband. ’ ’

The only evidence received at the jurisdictional hearing was the testimony of the minor’s mother and the man with whom she is living, establishing the following facts:

Hearing this evidence, the judge declared that “an adulterous cohabitation is ipso facto depravity in the home” and, without further inquiry, made an order determining appellant’s dependency under Welfare and Institutions Code section 600, subdivision (b). The order also commits appellant to the care, custody and control of the probation officer for placement in a foster home or institution.

Citing In re Raya (1967) 255 Cal.App.2d 260 [ 63 Cal.Rptr. 252 ], appellant contends that the evidence does not support the order of dependency. In Raya , the facts were similar to ours. Poverty had…