Orange County Department of Social Services v. Herbert D.

Herbert D. appeals from an order judging his son, Benjamin, to be within the jurisdiction of the juvenile court. Benjamin’s mother Yobby does not appeal the order, which leaves undisturbed her physical custody of Benjamin. Herbert asserts there was insufficient evidence to establish juvenile court jurisdiction. We disagree.

Facts

Herbert and Yobby married in February 1985. Benjamin was born in February of the following year.

The day after Yobby and Benjamin returned from the hospital, Herbert took the family to a park. The day was cold and windy. Herbert took off all the sheets on the baby. When Yobby tried to cover Benjamin, Herbert accused her of wanting to raise Benjamin as a little girl.

Later that day, Herbert took the family to a local Taco Bell. He opened Benjamin’s mouth like a little bird and poured a packet of hot sauce into Benjamin’s mouth. Benjamin cried; Herbert laughed.

Herbert lived with Yobby about nine months after Benjamin’s birth. During this time Benjamin slept on the floor because Herbert did not want to buy Benjamin a crib. When the weather was cold, Yobby would try to put a sweater on Benjamin. Herbert would not let her. Apparently as result…