Legal Opinion · Dissent

County of San Mateo v. DELL J.

California Supreme Court

Decided October 31, 1988No. S002243Published

1DissentMosk, J.

I dissent.

This is not a case in which parents have refused or failed to support their child in the home environment and for that reason the youngster was removed. This is a case in which the juvenile committed two serious criminal acts: sexual abuse of a sibling, and vehicle tampering in violation of Vehicle Code section 10852. Thus he was declared a ward of the court, removed from his home involuntarily, his custody was awarded to a juvenile probation officer, and he was detained in a regulated environment.

*1258It is evident that the primary motivation of the court in this instance was protection…

2Cases cited14 opinions

  1. Norwood v. BakerSupreme Court of the United States · 1898
  2. In Re Ricky H.California Supreme Court · 1970
  3. Department of Mental Hygiene v. KirchnerCalifornia Supreme Court · 1965
  4. Department of Mental Hygiene v. KirchnerCalifornia Supreme Court · 1964
  5. Department of Mental Hygiene of Cal. v. KirchnerSupreme Court of the United States · 1965

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