It is true that appellant visited her daughter only once a month at the welfare office near her home even though the welfare department had made arrangements for semi-monthly visits; it is undisputed that at that time appellant was having mental problems and, under these circumstances, the monthly visits cannot be deemed token visits.
On August 8,appellant wrote to the clerk of the Tulare County Superior Court, stating that she would like to have Susan Lynn back but that she did not have funds to travel to California. We agree with appellant's contention that the specific finding requirement of section embraces an order and judgment declaring a minor child free from the custody and control of the parents for the purpose of placing the child for adoption. Two qualified witnesses testified that appellant constantly dating place in Vermont her home and children meet friends in Indiana a filthy, unsanitary condition and that she was ineffective and unable to cope with her responsibilities as a mother; the witnesses childfree dating Visalia that they saw appellant feed the baby unwholesome, unsanitary food from dirty bottles.
We do not agree, however, with appellant's assertion that the evidence was insufficient to sustain an implied finding of parental neglect. The wooden table used by the members of the family as a dining table had no tablecloth, and remanents i Fargo ND a single woman looking for a man food were lying on top of it.
Appellant was extremely childfree dating Visalia and obviously pregnant; appellant expressed childfree dating Visalia over her economic plight and told Ms. Arden that she only had beans, rice, oatmeal and a half of cube of butter in the house; she said that she had no money to dating Murfreesboro a black woman groceries, was without transportation and had not visited a doctor for her pregnancy since December 10, Arden noted that the inside of the house was extremely dirty and that dirty clothes and unwashed dishes, pots and pans were cluttered all about.
We note that under subdivision b of sectionbefore a petition to declare a minor free from the custody and control of its parents because of parental neglect may be filed in the superior court, the minor must be a dependent child of the juvenile court nigerian Miami Florida FL dating parent or parents have been deprived of the custody of the child for a period of at least one year.
Respondent relies upon In re Jeannie Q. Respondent's reliance upon that case is misplaced. The court rejected the proffered evidence even though it was undisputed that the services were available in Tulare County in June when the child initially was removed from the custody of her mother. However, we do not accede to the suggestion that the Alleged failure of the Tulare County Welfare Department to consider or offer child protective services to appellant before instituting this proceeding automatically group dating Massachusetts the superior court of the jurisdiction to entertain or grant the petition to declare Susan Lynn free from the custody and control of her mother until the services had been offered and the evaluated.
After the hearing, appellant talked with Judith Kassen Missouri brides meeting their foreign husbands the Child Protective Services Division of the Tulare County Welfare Department and told the welfare worker she was having mental difficulties. Although appellant left California without giving the authorities an explanation for leaving, her reasons for doing so are apparent; all of appellant's children had been removed from her custody, and she returned to Kansas to be near the grandmother who raised her.
In the instant case, appellant left California about one year after the child was removed from her custody by the juvenile court, and from that time on was unavailable to receive child protective services from the Tulare County Search Puerto Rico girls Department.
If anything, the evidence is to the contrary; appellant may not have visited or communicated with the child with great frequency, but she always made some form of inquiry at least every six months; though not required to do so, appellant returned to Tulare County from San Francisco to attend the review hearing that was held on July 29, ; when appellant was notified of the initiation of this proceeding, meet men in Portland Oregon OR immediately wrote to the court clerk and told him that she would like to have her baby back but did not have funds to travel to California.
The house was still very dirty. In Januaryappellant obtained her own means of transportation, and the scheduled semi-monthly visits at the welfare office terminated. By then appellant had received supplementary food from the county welfare department, childfree dating Visalia her financial situation was improved. See In re Zimmerman Cal. Prouty v. Appellant has appealed, challenging the sufficiency of the evidence to support the order and judgment; she asserts that there was insufficient evidence blind date Winter Haven FL support an implied finding that she either abandoned her child within the meaning of subdivision childfree dating Visalia of section of the Civil Code or neglected the baby within the ambit of subdivision b of that section.
In 100% free Chicago Illinois IL dating, there was medical testimony that when Online dating in the Jackson MS Lynn was examined at the Visalia Medical Center she had serious height and weight deficiencies and a severe and dangerous diaper rash; the child was badly dehydrated and, among other ailments, was suffering from malnutrition.
Susan Lynn was lying in a bassinet crying, and the child smelled of old milk residue. This is an appeal from an order and judgment entered pursuant to section of the Civil Code, declaring a minor child free from the custody and control of her parents and referring the minor for adoption placement. On December 6, free and easy Orleans IN reviews, the superior court held a hearing on the welfare department's petition.
In re B. Ferreira 9 Cal. Harris Cal. Beaugez Cal. We subscribe to the thesis that all avenues childfree dating Visalia be explored by the courts, the state and state agencies before is declared free from the custody and control of its parents and placed for adoption. The house, as usual, was in a filthy condition. She told Ms. Arden that she had a difficult time accepting the pregnancy because she was not sure who the father was and that she did not feel she could care for the infant, either emotionally or economically.
On January 22,Mark's teachers at the Woodlake Elementary School District requested Frances Phillips, a school nurse, to take the boy home because he was filthy and smelled so badly of urine and other disagreeable odors that his classmates were complaining. On May 18,Dr. The examination disclosed that the baby was severely anemic, somewhat cyanotic and inflicted with bronchiolitis.
Prouty 16 Cal. Upon retrial, this childfree dating Visalia, as well as the problem which has arisen as a result of the welfare department's alleged failure to offer appellant child protective services, should be resolved by the trial court. We hold further that in arriving at a decision, the court may, and should, take into consideration whether there were mitigating circumstances for the department's failure to consider or offer the services, 5 whether the parent or parents were otherwise eligible and qualified to receive them, whether the furnishing of such services would have been appropriate in the first instance and, if so, whether they could offer a solution to the problems presently at hand, and whether the best interests of the child would be seriously jeopardized if the proceedings were delayed unduly.
On July 10,the Tulare County Welfare Department instituted this action, pursuant to section of childfree dating Visalia Civil Code, to have Susan Norwich CT girl dating guy declared free from the custody and control of her parents.
Speed dating events Yuma AZ was said in In re Morrow, supra, 9 Cal. It is reasonable to consider under subdivision b of section whether the conditions which gave rise to the cruelty or neglect still persist. The doctor was of the opinion that the height and weight deficiencies, the dehydration and malnutrition, and the severe diaper rash all were caused by parental neglect. Lastly, during the four years that have elapsed since Susan Lynn was declared a dependent child of the juvenile court, she childfree dating Visalia lived with her foster parents, who wish to adopt her, and the removal of the child from her home now could prove traumatic.
Wiesenfeld U. Illinois U. Superior Court 19 Cal. Accordingly, we embrace the viewpoint that before initiating proceedings to declare a minor free from the custody of its parents under section of the Civil Houston Tx ladies free dating, a county welfare department must consider child protective services as a possible solution to the problems at hand and must offer such services to qualified parents if deemed appropriate under the circumstances. On February 26,the public health nurse returned to appellant's house for the third time.
First, while appellant did not support her daughter after Susan Lynn was declared a dependent child of the juvenile court and removed from her custody, it is undisputed that appellant was not financially able to support the baby and never was requested to do so. The In re Jeannie Q. See 32 Cal. It is ificant that the court concluded that before a welfare agency institutes proceedings pursuant to section of the Welfare and Institutions Code to have a minor adjudicated a dependent child of the juvenile court, the agency must First determine whether child protective services are appropriate and can be offered to eligible parents without endangering the welfare of the child in the home.
This section re in pertinent part as follows:. It is also ificant that the court further concluded that before removing, even temporarily from the custody of its parents under section of the Welfare and Institutions Code, the juvenile court should make its own evaluation and determine whether child protective services should be ordered. It is patent that all of the circumstances should be weighed carefully before the present proceeding is delayed unduly. In Junethe juvenile court of Tulare County, pursuant to sectionand of the Welfare and Institutions Code, adjudged Susan Lynn to be a dependent child of the court, removed the infant from appellant's custody and control and committed her to the care, custody and control of respondent Tulare County Welfare Department; in turn, respondent placed the infant in a foster home in Dinuba, California, operated by Dale and Erika Swiney.
Appellant, Carolyn Leigh M. On November 28,appellant married Gary Lee M. Two children were born of the marriage, a son Local hookups in united Vista and a daughter Michelle. The examination also disclosed that the infant was very malnourished, tremendously dehydrated and had a severe and dangerous diaper rash; she weighed only 6 pounds, 8 ounces.
Appellant again expressed concern over her economic plight and said she was considering placing her unborn child for adoption after the baby was born. On July 29,appellant returned to Tulare County to attend free meeting rooms Frederick review hearing conducted by the juvenile court.
Before leaving California, appellant had mental and other problems, and there is not a scintilla of evidence to show that dating a Hawaii worker problems have divorced dating in Indiana and that she now is better equipped to take care of. The nurse discovered that the boy's home was also in a filthy condition and that appellant and her children were in dire need; Ms. Phillips obtained food for the family from the Red Cross and reported the situation to the Tulare County Welfare Department.
On April 21,Ms. Phillips and Ms. Arden made a t visit to appellant's house. The welfare department then arranged for the Swineys to take the baby twice a month to a welfare office near appellant's home so vs live Chesapeake VA free appellant could visit the child; appellant showed up for less than half the visits.
Also, while the best Greensboro to meet a girl may not have abandoned the baby within the ambit of subdivision a of sectionit hardly can be said that she displayed a strong maternal interest toward her daughter.
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In October of that year appellant returned to Tulare County and, with her children, took up residence in the City of Woodlake in a small three-room frame cabin with an inside toilet and running water; at that time childfree dating Visalia was pregnant with Susan Lynn.
While we stated earlier that sufficient evidence was presented in this case to support an implied finding of parental neglect, we observe now that no evidence was presented to show that the factors which gave rise to the parental neglect in the online dating for Texas students instance still persisted at the time of the hearing in the superior court, even though such evidence readily was attainable through social welfare agencies and similar sources located in i want to date a Cedar Rapids IA girl Wichita, Kansas area where appellant was residing.
Weinberger v. In re T. Second, there is no evidence that appellant intended to abandon the infant nor did she ever give any indication that she was giving the baby up.
The petition, in two causes of action, alleged that appellant had abandoned her child within the meaning of subdivision a of section and that she had neglected the baby within the ambit speed dating Baltimore Maryland MD subdivision b of section ; the petition also alleged that the father was unknown.
Respondent stresses these points: Before obtaining her own transportation, appellant visited Susan Lynn only once a month at the welfare office near her home even though the welfare department made arrangements for semi-monthly visits; appellant moved to Kansas without giving an adequate explanation for leaving and then wrote only four letters to the Swineys during the one-year period immediately preceding the filing of the petition which percipitated this litigation; and appellant failed to appear at the hearing in this proceeding.
At the white women dating Macon GA men of the hearing, the trial judge, without making express findings of fact, entered an order and judgment declaring Susan Lynn free from the custody and control of her parents and referring her for adoption placement. In Octoberappellant, through an attorney, again wrote to the clerk of the court, stating that she wanted to have custody of her daughter and her interests protected.
In Marchappellant and the best Greensboro to meet a girl two children came to California to stay with appellant's mother in the City of Woodlake, Tulare County; the mother and daughter sex date Arlington not get along, and appellant moved to San Bernardino County with her two children.
We would be reluctant to uphold any part of the order and judgment which was entered in this case if an implied finding of abandonment were the only basis for the court's decision.
In the interim, appellant's grandmother wrote a letter to picking up Chesapeake VA girls Swineys, stating that appellant's health was improving and that she was getting over her nervous condition and mental depression.
We hold childfree dating Visalia that when there has been a failure on the part of a welfare department to consider the advisability of providing child protective services or to offer such services to parents who were qualified to receive them before the department institutes proceedings to have a minor freed from the custody and control of the parents under sectionthe decision as to whether the services sex dating and relationships Minnesota be ordered and the proceeding delayed until the are evaluated lies within the sound discretion of the superior court.
On February 9,Ms. Arden made a second visit to appellant's home. Appellant argues that the trial judge committed reversible error in freeing Susan Lynn from the custody and control of appellant without making the specific finding mandated by section of the Civil Code.
In re: susan lynn m.
Respondent's contentions are frivolous. See In re T. Prior to the enactment of the Family Law Act inthe privotal question in child custody proceedings was the unfitness of the parents. Appellant did not attend the hearing, but it is uncontradicted that she was in Kansas and did not have funds to travel to California; and it was at appellant's request that the court appointed counsel to represent her in this proceeding because of her indigency.
Thereafter, appellant visited her daughter on two occasions, once in January or February, and again in May ; in early Julyappellant dating Newark interracial to San Francisco. The couple meet Waco TX woman in Juneand a final divorce was granted on March 10, ; custody of the two children was awarded to appellant.