Legal Opinion · Dissent

People v. Lawrence O.

California Court of Appeal

Decided January 29, 1979No. Civ. No. 44363Published

1DissentScott, Acting P. J.

I dissent. Our function is to determine if there was substantial evidence to support the trial court’s finding. (People v. Jenkins (1970) 3 Cal.App.3d 529 [83 Cal.Rptr. 525]; In re Robert P. (1976) 61 Cal.App.3d 310 [132 Cal.Rptr. 5].)

To remove a child from the custody of its parents the court must make a finding of parental unfitness, supported by evidence showing that parental custody would actually harm the child. (In re B. G. (1974) 11 Cal.3d 679 [114 Cal.Rptr. 444, 523 P.2d 244].) The termination of parental rights requires clear and convincing evidence to support the required finding of…

2Cases cited4 opinions

  1. In Re BGCalifornia Supreme Court · 1974
  2. Department of Social Services v. Janice P.California Court of Appeal · 1976
  3. In Re Christopher B.California Court of Appeal · 1978
  4. People v. JenkinsCalifornia Court of Appeal · 1970

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API