Botka v. Sandra T.

40 Cal. App. 3d 633, 115 Cal. Rptr. 553, 1974 Cal. App. LEXIS 889
CourtCalifornia Court of Appeal
DecidedJuly 12, 1974
DocketCiv. No. 33702
StatusPublished
Cited by32 cases

This text of 40 Cal. App. 3d 633 (Botka v. Sandra T.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Botka v. Sandra T., 40 Cal. App. 3d 633, 115 Cal. Rptr. 553, 1974 Cal. App. LEXIS 889 (Cal. Ct. App. 1974).

Opinion

Opinion

MOLINARI, P. J.

Appellant, mother of the minors involved in the instant juvenile court proceeding, appeals from the jurisdictional and dis-positional orders of said court pursuant to which orders and the provisions of subdivision (a) of section 600 of the Welfare and Institutions Code,1 said minors were adjudged to be dependent children of the court. She makes four contentions: (1) That subdivision (a) of section 600 is unconstitutional because it is vague; (2) that the petition by which the instant proceedings were commenced did not give appellant meaningful notice of the charges against her as required by the due process clauses of the federal and California Constitutions and subdivision (f) of section 656; (3) that appellant was entitled, under the guarantee of due process, to findings of fact and conclusions of law; and (4) that the allegations of the petition that appellant was not capable of exercising effective care and control over her children were not established by a preponderance of the evidence.2

We consider the first contention. Subdivision (a) of section 600 provides that any person under the age of 18 years may be adjudged to be a dependent child of the court “Who is in need of proper and effective parental care or control and has no parent or guardian, or has no parent or guardian willing to exercise or capable of exercising such care or control, or has no parent or guardian actually exercising such care or control.” Appellant asserts that this provision is unconstitutionally vague because it is impossible to conjecture, speculate, or surmise what specific acts or which specific conduct may be adjudged to demonstrate a parent was not exercising or capable of exercising “proper and effective parental care or control.”

[637]*637A parent in a dependency proceeding is entitled to due process of law. (In re Gault, 387 U.S. 1, 30 [18 L.Ed.2d 527, 547-548, 87 S.Ct. 1428]; In re Neal D., 23 Cal.App.3d 1045, 1048 [100 Cal.Rptr. 706]; Lois R. v. Superior Court, 19 Cal.App.3d 895, 901 [97 Cal.Rptr. 158]; and see Holt v. Superior Court, 186 Cal.App.2d 524, 526 [9 Cal.Rptr. 353].) Due process requires that a person be given notice of what conduct is prohibited by the statute in question. (In re Gault, supra, at pp. 33-34 [18 L.Ed.2d at pp. 549-550]; Giaccio v. Pennsylvania, 382 U.S. 399, 402-403 [15 L.Ed.2d 447, 449-450, 86 S.Ct. 518]; In re Neal D., supra.)

However, all that is required is reasonable certainty and a statute will not be held void for uncertainty if any reasonable and practical construction can be given to its language. (American Civil Liberties Union v. Board of Education, 59 Cal.2d 203, 218 [28 Cal.Rptr. 700, 379 P.2d 4] [cert. den., 375 U.S. 823 (11 L.Ed.2d 56, 84 S.Ct. 64)]; In re Baby Boy T., 9 Cal.App.3d 815, 818 [88 Cal.Rptr. 418]; see People v. Kennedy, 21 Cal.App.2d 185, 193 [69 P.2d 224].) Accordingly, where a statute employs words of long usage or with common law meaning it will be considered sufficiently certain. (Lorenson v. Superior Court, 35 Cal.2d 49, 60 [216 P.2d 859]; People v. Deibert, 117 Cal.App.2d 410, 418 [256 P.2d 355].)

The term “parental control” has been defined in only one California case. In Marr v. Superior Court, 114 Cal.App.2d 527, 530 [250 P.2d 739], the court said: “Parental control means such control as parents ordinarily exercise and the phrase carries with it the implication of the purpose of parental control over such an infant, that is, its proper care and support, the usual incidents of the exercise of control over it.” (See In re Baby Boy T., supra, 9 Cal.App.3d 815, 819.)

In In re Corrigan, 134 Cal.App.2d 751, 756 [286 P.2d 32], we find this pertinent statement: “The capability of a parent to exercise proper parental control is largely determined by external standards and the likely effect continued misconduct will ultimately have on the welfare of a child as it grows up and realizes the significance of such misbehavior rather than the immediate effect upon the child, particularly where it is very young. It is the conduct of the parent which determines whether he or she is capable of exercising proper parental control.” (See also In re Raya, 255 Cal.App.2d 260, 264 [63 Cal.Rptr. 252].)

Raya, speaking of the phrase “proper and effective” states: “The phrase ‘proper and effective’ offers at best a dim light to discern the point at which a juvenile court is authorized to invade and supplant a parent-child [638]*638relationship. In one sense the phrase expresses an objective identical with the judicially expressed goal of the child’s welfare. In another sense it connotes parental fitness or unfitness. [Citation.]’’ (255 Cal.App.2d at p. 264.)

In Baby Boy T., the phrase “proper manner" with respect to the support of a child as then provided in subdivision (g) of Civil Code section 232 was challenged.3 The objection was that nothing in the language of the statute or in any other source succinctly informed a parent of the meaning of the phrase “proper manner.” The court upheld the statute by construing it with other statutory provisions including section 600, subdivision (a). (9 Cal.App.3d 815, 818-819.) The reviewing court also noted that Penal Code section 270 defines the duty of a parent with respect to the support of a child as follows: “. . . to furnish necessary clothing, food, shelter or medical attention or other remedial care for his child” and that in the light of the duty so defined subdivision (g) of section 232 of the Civil Code was reasonably certain in the use of the term “proper manner” with respect to the support of a child. (At p. 819; see also People v. Vassar, 207 Cal.App.2d 318, 322-323 [24 Cal.Rptr. 481]; In re Porterfield, 28 Cal.2d 91, 100 [168 P.2d 706].)

The gist of Baby Boy T. is that a statute will not be held void for uncertainty if its terms may be made reasonably certain by reference to other definable sources: (9 Cal.App.3d at p. 818; see People v. Victor, 62 Cal.2d 280, 300 [42 Cal.Rptr. 199, 398 P.2d 391].) In the instant case subdivision (a) of section 600 may be made reasonably certain by reference to the other definable sources hereinabove alluded to which delineate the meaning of “effective parental care or control” in the context of a parent’s fitness or unfitness in the proper care and support of his or her child.

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Bluebook (online)
40 Cal. App. 3d 633, 115 Cal. Rptr. 553, 1974 Cal. App. LEXIS 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/botka-v-sandra-t-calctapp-1974.