Kern County Welfare Department v. Stanley R.

In February 1981, the Kern County Superior Court, after hearing, adjudged minors D. R. (hereinafter D.) and her halfsister Sonia G. to be dependent children. In May 1981, Stanley R. was found guilty of orally copulating D. and Sonia in violation of Penal Code section 288a, subdivision (c) and performing lewd and lascivious acts upon Sonia, a child under the age of 14 years, in violation of Penal Code section 288, subdi *20 vision (a). Stanley R. appealed these convictions. That appeal was pending and the convictions not final at the time of the hearing on petitions of Kern County Welfare Department (Department) 2 to declare D. and Sonia free from parental custody and control. After a contested hearing on these petitions, judgment was entered declaring the minor children free from parental control pursuant to Civil Code section 232, subdivisions (a)(1) and (2). 3 The trial court found the minors did not come within the definitions contained in section 232, subdivision (a)(4).

Stanley R. appeals from the findings under section 232, subdivision (a)(1) and (2). Department appeals from the finding under section 232, subdivision (a)(4).

Statement of Facts

D., born August 7,…