California Court of Appeal

When a child is removed from a parent's home, Welfare and Institutions Code section 362(c), does not authorize a juvenile court to order other relatives with whom the child is not placed to participate in counseling or education programs. Rather, section 361(c) authorizes the court to impose on the parent, as a condition of the disposition plan for reunification with the child, that the parent demonstrate to the court's satisfaction that the parent can protect the child. Further, when the child has been the victim of sexual abuse by other relatives, the court has the authority to order that the parent must reside separately from the perpetrators, or must demonstrate that the perpetrators voluntarily participated in counseling and satisfactorily addressed the issues involved, such that the child may safely reside with them.

Appellate Information

• Decided 01/24/2008
• Published 01/24/2008

Judges

• WILLHITE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Lori A. Fields, under appointment by the Court of Appeal, for Defendant and Appellant., Raymond G. Fortner, Jr., County Counsel, James M. Owens, Assistant County Counsel, and Joanne Nielsen, County Counsel, for Plaintiff and Respondent.