Orange County Department of Social Services v. Dale V.

Good Law
197 Cal. App. 3d 1206·1988 Cal. App. LEXIS 247·243 Cal. Rptr. 441
Court of Appeal of CaliforniaJanuary 26, 1988No. G004541California1,341 words

Opinion

Lead Opinion

Wallin, J.

A father argues the juvenile court applied the wrong standard of proof at the jurisdictional phase of a child dependency proceeding. We find no error and aifirm.

I

A petition filed May 29, 1986, alleged Jennifer V. was within the jurisdiction of the juvenile court because she was sexually abused by her father and neglected by her mother. (Welf. & Inst. Code, § 300, subd. (d).) 1 On July 29, 1986, at the conclusion of a hotly contested jurisdictional hearing, the court found the allegations of the petition true by a preponderance of the evidence.

On August 19 the parties stipulated to a dispositional order declaring Jennifer a dependent child of the juvenile court, vesting custody in the social services director and releasing Jennifer to the care of her paternal uncle and his wife. Jennifer’s father, Dale V., thereafter appealed “from the judgment . . . entered July 29, 1986”—i.e., the jurisdictional order.

II

Preliminarily, the minor’s attorney presents two grounds for dismissal of the appeal. First, she contends the jurisdictional order itself is *1209 nonappealable. Second, she argues Dale V.’s stipulation to the dispositional order bars him from claiming error in…

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