Department of Social Welfare v. Superior Court

Opinion

BURKE, J.

Petitioners in this prohibition matter are the Department of Social Welfare of the State of California (Department) and Margaret M., an adoptive parent. They seek to prevent respondent superior court from exercising jurisdiction over the petition of real party in interest, Margaret’s former husband George M., to set aside a decree of adoption as provided in Civil Code section 227b on the ground of feeblemindedness of the child. As will appear, we have concluded that the court is empowered to proceed under the statute as construed in the light of applicable principles, and that…