Hotelling

The mother of a minor appeals from an order of the lower court under subdivision (d) of section 600' of the Welfare and Institutions Code declaring the minor a dependent, placing her under the control and custody of the Director of the Napa County Welfare Department, and placing her in the home of the mother. A special finding was entered to the effect that the home involved was “unfit” solely because of the stepfather’s acts of sexual molestation while in the home.

*175 Under subdivision (d) of section 600 of the Welfare and Institutions Code, the jurisdiction of the juvenile court extends to any person whose home “is” unfit. The use of the present tense verb indicates an intent that the unfitness exist at the time of the hearing; however, past events can aid in a determination of present unfitness. (In re Morrow (1970) 9 Cal.App.3d 39, 56 [ 88 Cal.Rptr. 142 ]; In re Zimmerman (1962) 206 Cal.App.2d 835, 844 [ 24 Cal.Rptr. 329 ]; see also Dupes v. Superior Court (1917) 176 Cal. 440, 442 [ 168 P. 888 ]; In re Corrigan (1955) 134 Cal.App.2d 751, 756-757 [ 286 P.2d 32 ]; In re Van Vlack (1947) 81 Cal.App.2d 838, 842 [ 185 P.2d 346 ].)

Evidence considered by the lower court…