In re Jacqueline H

In In re Jacqueline H. (1979) 94 Cal. App. 3d 808, the court found the mother's abandonment was sufficiently egregious to constitute a "leaving" even though the child was judicially removed from the mother in the first instance. It is unclear from the opinion how long the mother's period of inaction persisted. The court stated that the mother's contact with the child was "token." ( Id. at p. 811.) The court was most impressed that the mother used "profane" language and displayed an "explosive" temper, abused drugs, and was diagnosed as schizophrenic and hypoglycemic. (Ibid.) The court felt that the mother's "failure to engage in psychological and family counseling, which resulted in termination of visitation rights, and her token efforts to regain visitation rights indicated an abandonment of the child." ( Id. at p. 816.) The court stated that the mother's actions indicated a "pattern" of being, "unwilling to lift a finger to regain custody of her daughter until she is faced with a moment of truth, when, to be sure, she will fight legal efforts to deprive her of her parental rights with tooth and nail, lapsing again into inertia and lethargy once the moment of crisis has passed." (Ibid.)