Garvey

Garvey v. Sylvia B.

Good Law
155 Cal. Rptr. 916·1979 Cal. App. LEXIS 1819·93 Cal. App. 3d 874
Court of Appeal of CaliforniaJune 7, 1979Civ. No. 18513California2,452 words

Opinion

Lead Opinion

Cologne, J.

Nicole B. was declared a person described by Welfare and Institutions Code section 300, subdivision (d), 1 and placed in the *877 home of her mother under the supervision of the Director of the San Diego County Department of Welfare. The mother appeals this order, The only issue is whether the facts stipulated to by all the parties are sufficient, as a matter of law, to support the court’s assuming jurisdiction.

The stipulated facts are brief and are restated here in full: “That on August 7, 1978, Joseph Cien, struck Nicole B. with a closed fist on the right arm and leg. That when the Officer examined the child, her face appeared to be swollen around the eyes, the nose and both sides of her jaw and said child indicated that Joseph Cien hit her so hard in the stomach that she could not breathe. That this activity took place in a park.

As it applies to this proceeding, section 300 reads: “Any person under the age of 18 years who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge such person to be a dependent child of the court:

Under subdivision (d) of section 300, the jurisdiction of the juvenile court…

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