California Court of Appeal

Removal of children from father's custody under Welfare and Institutions Code section 361(c), placement of children in foster care, and denial of reunification services to father under Welfare and Institutions Code sections 361.5(b)(12) and (e)(1), are reversed as to father as when a noncustodial parent is incarcerated, the court must proceed under section 361.2 to determine whether the incarcerated parent desires to assume custody of the child. The trial court must consider and make proper findings under section 361.2, subdivision (a).

Appellate Information

• Decided 12/07/2007
• Published 12/07/2007

Judges

• IRION, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Carl Fabian, under appointment by the Court of Appeal, for Minors.


• For Appellees:
  
• Leslie A. Barry, under appointment by the Court of Appeal, for Defendant and Appellant., John J. Sansone, County Counsel, John E. Philips, Chief Deputy County Counsel, Gary C. Seiser and Patrice Plattner-Grainger, Deputy County Counsel, for Plaintiff and Respondent.