Silva

Silva v. Rebecca A.

Good Law
1989 Cal. App. LEXIS 895·213 Cal. App. 3d 1073·261 Cal. Rptr. 903
Court of Appeal of CaliforniaAugust 31, 1989Nos. H004140, H004145, H004147California2,481 words

Opinion

Lead Opinion

Elia, J.

Rebecca A. appeals juvenile court dispositional and permanency planning orders relative to her three children, Christina, Robert and Paul A. She contends on appeal that Civil Code section 232, subdivision (a)(6) and Welfare and Institutions Code 1 section 361.5, subdivision (b)(2) are either unconstitutionally vague or that they should be defined more strictly than the statutory language allows; and that there was insufficient evidence to support a finding that appellant came under the provisions of section 361.5, subdivision (b)(2). We reject both contentions and affirm.

Barely a month after their previous dependency status had been dismissed, Christina, Robert and Paul were taken into protective custody on May 25, 1987, when appellant was arrested. On May 27, petitions were filed alleging that Robert, Paul and Christina came under the provisions of section 300, subdivision (a). On July 14, a petition was filed alleging that Christina came under the provisions of section 300, subdivision (d) after a physical examination revealed evidence consistent with sexual molestation. On July 27, an amended section 300, subdivision (d) petition was filed as to Christina.

A…

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