California Court of Appeal

Juvenile court's dispositional order granting physical custody of non-custodial father's sons to the Los Angeles County Department of Children and Family Services for suitable placement is reversed and remanded, where: 1) under Welfare and Institutions Code section 361.2, father was entitled to physical custody of the children unless the juvenile court found that placement with father would be detrimental to the safety, protection, or physical or emotional well-being of the children; 2) the juvenile court, however, did not make an express finding of detriment as the statute requires and it is unclear from the record whether the court considered the requirements of the statute before denying father's request for custody of his children; and 3) the juvenile court's failure to consider the applicable statute resulted in a miscarriage of justice.

Appellate Information

• Decided 09/04/2013
• Published 09/04/2013

Judges

• KITCHING

Court

• California Court of Appeal

Counsel