Los Angeles County Department of Children & Family Services v. Joseph T.

163 Cal. App. 4th 787, 77 Cal. Rptr. 3d 806, 2008 Cal. App. LEXIS 827
CourtCalifornia Court of Appeal
DecidedJune 3, 2008
DocketB198610
StatusPublished
Cited by72 cases

This text of 163 Cal. App. 4th 787 (Los Angeles County Department of Children & Family Services v. Joseph T.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Los Angeles County Department of Children & Family Services v. Joseph T., 163 Cal. App. 4th 787, 77 Cal. Rptr. 3d 806, 2008 Cal. App. LEXIS 827 (Cal. Ct. App. 2008).

Opinions

Opinion

ROTHSCHILD, J.

— Joseph T., Sr. (Father), appeals from the order at the six-month review hearing denying placement of his son, Joseph T., Jr. (Joseph), with his paternal aunt.

The principal issue in this case is whether, without qualification, the relative placement preference under subdivision (a) of Welfare and Institutions Code section 361.3,1 applies after the dispositional hearing through the family reunification period or whether subdivision (d) of that statute precludes application of the preference after the dispositional hearing unless “a new placement. . . must be made.” We hold that the relative placement preference [790]*790applies at least through the family reunification period and that subdivision (d) of section 361.3 expands, rather than contracts, the application of the preference. Under the circumstances of this case, however, the dependency court’s failure to apply the preference at the six-month review hearing and the court’s failure to state on the record its reasons for not placing the child with his aunt were harmless errors.

FACTS AND PROCEEDINGS BELOW

In June 2006, Joseph and his four-month-old half sibling, Shane H., were detained and placed together in foster care because Monica M. (Mother) had an unresolved drug problem and failed to comply with the terms of a March 2006 voluntary family maintenance contract with Los Angeles County Department of Children and Family Services (DCFS) in which she agreed, among other things, that her children were to have no contact with Jesse H., Shane’s father. Jesse H. has a history of domestic violence with Mother and on one occasion of domestic violence Joseph received a cut near his eye when he was pushed against a stove. A restraining order prohibited physical contact between Jesse H. and Mother.

Father, who has a criminal record and a long history of heroin use, was paroled from prison in April 2006 and lived with Mother until June 2006. At the detention hearing on June 19, the dependency court ordered DCFS to assess the relatives who requested placement of the children — the maternal grandparents and Shane’s paternal grandmother. According to a July 10 report, DCFS considered Shane’s paternal grandparents and the maternal grandparents for relative placements, but for various reasons DCFS determined that these relatives were not able to provide care for the children at that time. The parents had two monitored visits each week, and the visits were going well.

In late June, Father obtained a residence separate from Mother. In early July, Mother entered a residential drug treatment program. On July 10, the dependency court ordered DCFS to evaluate Father’s home for placement of Joseph and continued the matter. In its July 19 report, DCFS recommended that Joseph be released to Father, noting that Father was complying with the conditions of his parole and was testing negative for drugs. On July 19, the dependency court ordered Joseph placed in Father’s home.

On July 25, the court sustained DCFS’s petition as amended, declaring the children dependents of the court pursuant to section 300, subdivisions (a) (serious physical harm) and (b) (failure to protect), based on the domestic violence between Mother and Jesse H., the parents’ histories of substance abuse, Father’s drug-related criminal activity, and Mother’s failure to comply [791]*791with her voluntary family maintenance agreement. Shane was placed in foster care and Joseph was placed with Father, who was afforded family maintenance services. Father also was ordered to participate in “NA/AA meetings” twice a week and to comply with his parole conditions. Mother was afforded monitored visits.

On August 16, DCFS detained Joseph from Father and placed him in his previous foster care home with Shane, based on Father’s use of heroin and his violent physical altercation with Mother in Joseph’s presence on August 15. On August 21, DCFS filed an amended petition containing the foregoing allegations. Father admitted to DCFS that he had relapsed into heroin use. On September 13, the dependency court sustained the August 21 petition, finding that Joseph was a dependent of the court pursuant to section 300, subdivisions (a) and (b). Father was afforded monitored visitation and reunification services. He was ordered to attend a drug rehabilitation program with random testing, attend parent education, and comply with his parole conditions.

According to a January 23, 2007 status review report, DCFS learned on January 16 that Father was then in state prison. On January 16, Father’s sister, Deborah D., told the social worker that Father had been at her home and she had known that he had an outstanding arrest warrant, so she called the sheriff’s department and Father was arrested in December 2006. Deborah D. and Father’s parole officer also told DCFS that Father had been using drugs until his arrest. Father had not participated in any court-ordered drug treatment programs and had last visited Joseph in September 2006. Mother was not in compliance with her court-ordered classes and her drug testing was sporadic. Joseph was doing well in his foster home and showed no signs of stress or discomfort after being separated from Mother. DCFS recommended termination of family reunification services and selection of a permanent plan of adoption.

On January 23, the dependency court continued the six-month review hearing (§ 366.21, subd. (e)) to March 21, 2007. The court ordered DCFS to prepare a supplemental report as to whether any of Mother’s relatives would be appropriate for placement. According to a March 21 interim review report, Mother suggested family friends, the B.’s, for placement. DCFS interviewed and rejected them because Mrs. B. was not forthcoming about Mr. B.’s criminal history. DCFS also reported that Joseph and Shane had bonded with their foster parents, whom they regarded as their “mother and father figure[s].”

At the March 21 hearing, the court continued the six-month review hearing to April 25 for a contested hearing. Upon the request of Father’s counsel, the court also ordered DCFS to prepare a supplemental report on placement of Joseph with his paternal aunt, Deborah D.

[792]*792According to an April 25 interim review report, a DCFS social worker spoke with Deborah D. on April 9. Deborah D. stated that upon Father’s release from prison, he would be living with her. DCFS rejected placement of Joseph with Deborah D. “due to [Father’s] possibly residing in the home and that the siblings would be separated. Joseph . . . and Shane . . . have a close bond with each other and [it] would cause a hardship if either one of them are separated. The Department has not received Live Scan information from Deborah’s significant other. The Department has no information on the other person that resides in the home.”

At the hearing on April 25, Father’s counsel stated that Deborah D. lived in Kern County in a “closed community which is gated and private and very secure. It is entirely appropriate for children. They have a licensed day care facility on the premises. [¶] No one has come to [Deborah D.’s] home to check her out. She has livescanned. She is a registered nurse. She is a mandated reporter. She indicated a willingness over a course of time to have the child reside in her home. [Father] has a different address to move to immediately. I am, again, requesting that [DCFS] go out and inspect this home for appropriateness. [¶] These children do not have to be considered a sibling unit.

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Cite This Page — Counsel Stack

Bluebook (online)
163 Cal. App. 4th 787, 77 Cal. Rptr. 3d 806, 2008 Cal. App. LEXIS 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-county-department-of-children-family-services-v-joseph-t-calctapp-2008.