In Re JT

40 Cal. App. 3d 633, 115 Cal. Rptr. 553
CourtCalifornia Court of Appeal
DecidedJuly 12, 1974
Docket33702
StatusPublished

This text of 40 Cal. App. 3d 633 (In Re JT) 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
In Re JT, 40 Cal. App. 3d 633, 115 Cal. Rptr. 553 (Cal. Ct. App. 1974).

Opinion

40 Cal.App.3d 633 (1974)
115 Cal. Rptr. 553

In re J.T. et al., Persons Coming Under the Juvenile Court Law.
JOSEPH J. BOTKA, as Chief Probation Officer, etc., Plaintiff and Respondent,
v.
SANDRA T., Defendant and Appellant.

Docket No. 33702.

Court of Appeals of California, First District, Division One.

July 12, 1974.

*636 COUNSEL

Gilbert T. Graham for Defendant and Appellant.

Thomas M. O'Connor, City Attorney, and Marie Burke Lia, Deputy City Attorney, for Plaintiff and Respondent.

OPINION

MOLINARI, P.J.

Appellant, mother of the minors involved in the instant juvenile court proceeding, appeals from the jurisdictional and dispositional 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]

(1a) 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 (2) A 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.)

(3) 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].)

(1b) 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 relationship. 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

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Giaccio v. Pennsylvania
382 U.S. 399 (Supreme Court, 1965)
In Re GAULT
387 U.S. 1 (Supreme Court, 1967)
In Re Porterfield
168 P.2d 706 (California Supreme Court, 1946)
People v. Kennedy
69 P.2d 224 (California Court of Appeal, 1937)
Lorenson v. Superior Court
216 P.2d 859 (California Supreme Court, 1950)
Marr v. Superior Court
250 P.2d 739 (California Court of Appeal, 1952)
People v. Deibert
256 P.2d 355 (California Court of Appeal, 1953)
People v. Victor
398 P.2d 391 (California Supreme Court, 1965)
Topanga Assn. for a Scenic Comm. v. CTY OF LOS ANGELES
522 P.2d 12 (California Supreme Court, 1974)
In Re Sturm
521 P.2d 97 (California Supreme Court, 1974)
Corrigan v. Colston
286 P.2d 32 (California Court of Appeal, 1955)
Lois R. v. Superior Court
19 Cal. App. 3d 895 (California Court of Appeal, 1971)
Jerry D. v. County of Stanislaus
23 Cal. App. 3d 1045 (California Court of Appeal, 1972)
In Re Baby Boy T.
9 Cal. App. 3d 815 (California Court of Appeal, 1970)
Thornton v. Raya
255 Cal. App. 2d 260 (California Court of Appeal, 1967)
People v. Vassar
207 Cal. App. 2d 318 (California Court of Appeal, 1962)
Holt v. Superior Court
186 Cal. App. 2d 524 (California Court of Appeal, 1960)
Bayes v. Walker
324 P.2d 32 (California Court of Appeal, 1958)
American Civil Liberties Union v. Board of Education
379 P.2d 4 (California Supreme Court, 1963)
Miller v. Gusta
283 P. 946 (California Court of Appeal, 1929)

Cite This Page — Counsel Stack

Bluebook (online)
40 Cal. App. 3d 633, 115 Cal. Rptr. 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jt-calctapp-1974.