Legal Opinion
Department of Social Services v. Harold K.
California Court of Appeal
Decided August 15, 1984No. F002248PublishedCited by 5 opinions
1Opinion of the Court
Opinion
WOOLPERT, J.
Is the traditional summary judgment procedure available to avoid the necessity of a trial in a special proceeding brought to declare a child free from the custody of his natural father? We hold it is not.
In April of 1982, Fresno County, through its Department of Social Services, filed a petition to free Mark K., a minor, from the custody of his natural father, Harold K. The petition was filed on the grounds set forth in Civil Code section 232, subdivision (a)(5) (parent previously judicially declared mentally ill) and subdivision (a)(6) (parent found to be mentally…
2Cases cited31 opinions
- Santosky v. KramerSupreme Court of the United States · 1982
- Lanzetta v. New JerseySupreme Court of the United States · 1939
- D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
- Estate of McDillCalifornia Supreme Court · 1975
- Department of Social Services v. Ronald P.California Supreme Court · 1981
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3Cited by5 opinions
- Steven v. v. Kelley H.Wisconsin Supreme Court · 2004
- Matter of Adoption of JLPWyoming Supreme Court · 1989
- In Re Mark K.California Court of Appeal · 1984
- In Re Termination of Parental Rights to AlexanderWisconsin Supreme Court · 2004
- Steven v. v. Kelley H.Wisconsin Supreme Court · 2004