San Diego County Department of Social Services v. Tae H.

Tae H. (mother) and Leland C. (father) appeal an order of the juvenile court declaring their children, Khalid H. and Victoria C., dependents of the court under Welfare and Institutions Code 1 section 300. They also appeal from the dispositional order issued by the juvenile court removing the children from their home and placing them in foster care pursuant to section 361.5, subdivision (b)(1).

The mother claims the jurisdictional order must be reversed because the court’s finding was not supported by sufficient evidence to establish that she suffered from a mental illness.

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Discussion

I. The Jurisdictional Order Is Supported by Sufficient Evidence

The mother asserts there is not competent evidence in the record to sufficiently support a finding that she suffered from a mental illness pursuant to section 300, subdivision (b). She argues the appropriate definition for “mental illness” is found under Civil Code section 232, prior to its revision by the Legislature in 1983. Civil Code section 232, subdivision (a)(6), requires the court to receive evidence from two expert witnesses (who must fulfill certain criteria) prior to terminating parental rights based on a…