San Bernardino County Department of Public Social Services v. Delores F.

Good Law
229 Cal. App. 3d 769
Court of Appeal of CaliforniaApril 24, 1991No. E008074California5,905 words

Opinion

Lead Opinion

McKinster, J.

This is an appeal by mother from the judgment declaring her then nearly four-year-old daughter, Jessica, a dependent of the court and, further, removing Jessica from mother’s custody. In declaring Jessica a dependent, the trial court found, among other things, that mother’s nolo contendere plea to felony child endangerment (Pen. Code, § 273a, subd. (1)), entered pursuant to a plea bargain on an original charge of murder (Pen. Code, § 187), constituted a conviction for causing the death of mother’s then 22-month-old son through abuse or neglect, within the meaning of Welfare and Institutions Code section 300, subdivision (I). We conclude that this finding, and each of the other findings and orders challenged by mother in this appeal, was proper and, therefore, we shall affirm the judgment.

Summary of Facts

Jessica, then approximately eight months old, was removed from mother’s custody on March 5, 1987, after the death of Jessica’s twenty-two- *772 month-old brother, Matthew, on March 1, 1987. Police investigation of Matthew’s death revealed that Matthew had been strangled. According to mother’s statements to the police following Matthew’s death, Matthew died while at…

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