dependency statutory framework in California

2016A. Summary of Relevant Statutes “The dependency statutory framework distinguishes between a parent with whom the child was residing at the time the section 300 petition was initiated (custodial parent), and a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the provisions of section 300 (noncustodial parent). (§§ 361, subd. (c), 361.2, subd. (a).)” (In re V.F. (2007) 157 Cal.App.4th 962, 969 (V.F.).) Section 361, subdivision (c) describes several circumstances under which a child may be removed from the physical custody of a c

2015The dependency statutory framework distinguishes between a parent with whom the child resided at the time DCFS initiated a dependency proceeding (custodial parent), and a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the provisions of section 300 (noncustodial parent). (§§ 361, subd. (c), 361.2, subd. (a); see In re V.F. (2007) 157 Cal.App.4th 962, 969-970 .) Section 361, subdivision (c), governs the child’s removal from the physical custody of a parent or legal guardian.

2014After the juvenile court adjudges a minor a dependent of the court, “it ‘may limit the control to be exercised over the dependent child by any parent’ and shall clearly specify those limitations in its orders. (§ 361, subd. (a).)” (In re Damonte A. (1997) 57 Cal.App.4th 894, 898 .) But the minor may not be removed from the physical custody of the parents unless “[t]here is or would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if the minor were returned home, and there are no reasonable means by which the minor’s physical h

2010“The dependency statutory framework distinguishes between a parent with whom the child was residing at the time the section 300 petition was initiated (custodial parent), and a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the provisions of section 300 (noncustodial parent).” (In re V.F. (2007) 157 Cal.App.4th 962 , 969 [ 69 Cal.Rptr.3d 159 ], fn. omitted, superseded on other grounds as stated in In re Adrianna P. (2008) 166 Cal.App.4th 44, 57-58 [ 81 Cal.Rptr.3d 918 ] (Adrianna P.).) “[S]ection 361.2 governs the child’s te

2015At the outset of a dependency proceeding, the emphasis is on preservation of the family due to the strong fundamental interest parents have in the care, custody, management and companionship of their children, which is recognized as “a compelling one, ranked among the most basic of civil rights.” (In re Marilyn H. (1993) 5 Cal.4th 295, 306 [ 19 Cal.Rptr.2d 544 , 851 P.2d 826 ]; see In re G.W. (2009) 173 Cal.App.4th 1428 , 1435-1436 [ 94 Cal.Rptr.3d 53 ] (G.W.).) “Likewise, natural children have a fundamental independent interest in belonging to a family unit [citation], and they have compellin

2015At the outset of a dependency proceeding, the emphasis is on preservation of the family due to the strong fundamental interest parents have in the care, custody, management and companionship of their children, which is recognized as “a compelling one, ranked among the most basic of civil rights.” (In re Marilyn H. (1993) 5 Cal.4th 295, 306 [ 19 Cal.Rptr.2d 544 , 851 P.2d 826 ]; see In re G.W. (2009) 173 Cal.App.4th 1428 , 1435-1436 [ 94 Cal.Rptr.3d 53 ] (G.W.).) “Likewise, natural children have a fundamental independent interest in belonging to a family unit [citation], and they have compellin

2015At the outset of a dependency proceeding, the emphasis is on preservation of the family due to the strong fundamental interest parents have in the care, custody, management and companionship of their children, which is recognized as “a compelling one, ranked among the most basic of civil rights.” (In re Marilyn H. (1993) 5 Cal.4th 295, 306 [ 19 Cal.Rptr.2d 544 , 851 P.2d 826 ]; see In re G.W. (2009) 173 Cal.App.4th 1428 , 1435-1436 [ 94 Cal.Rptr.3d 53 ] (G.W.).) “Likewise, natural children have a fundamental independent interest in belonging to a family unit [citation], and they have compellin

2015At the outset of a dependency proceeding, the emphasis is on preservation of the family due to the strong fundamental interest parents have in the care, custody, management and companionship of their children, which is recognized as “a compelling one, ranked among the most basic of civil rights.” (In re Marilyn H. (1993) 5 Cal.4th 295, 306 [ 19 Cal.Rptr.2d 544 , 851 P.2d 826 ]; see In re G.W. (2009) 173 Cal.App.4th 1428 , 1435-1436 [ 94 Cal.Rptr.3d 53 ] (G.W.).) “Likewise, natural children have a fundamental independent interest in belonging to a family unit [citation], and they have compellin

2010Section 361.2 governs placement when the child has a parent ‘with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300.’ (§ 361.2, subd. (a), italics added.) It directs that before the child may be placed in out-of-home care, the court must consider placing the child with the noncustodial parent, if that parent requests custody. [Citations.]” 2 (Adrianna P., supra, 166 Cal.App.4th at p. 55, fns. omitted.) The noncustodial “parent has a constitutionally protected interest in assuming physical custody, as well

2010Section 361.2 governs placement when the child has a parent ‘with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300.’ (§ 361.2, subd. (a), italics added.) It directs that before the child may be placed in out-of-home care, the court must consider placing the child with the noncustodial parent, if that parent requests custody. [Citations.]” 2 (Adrianna P., supra, 166 Cal.App.4th at p. 55, fns. omitted.) The noncustodial “parent has a constitutionally protected interest in assuming physical custody, as well

2007When the Court Removes a Child from a Custodial Parent Under Section 361, It Must First Make Determinations Concerning the Noncustodial Parent Under Section 361.2 The dependency statutory framework distinguishes between a parent with whom the child was residing at the time the section 300 petition was initiated (custodial parent), and a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the provisions of section 300 (noncustodial parent). [4] (§§ 361, subd. (c), 361.2, subd. (a).) Section 361, subdivision (c) governs the child's

2007When the Court Removes a Child from a Custodial Parent Under Section 361, It Must First Make Determinations Concerning the Noncustodial Parent Under Section 361.2 The dependency statutory framework distinguishes between a parent with whom the child was residing at the time the section 300 petition was initiated (custodial parent), and a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the provisions of section 300 (noncustodial parent). [4] (§§ 361, subd. (c), 361.2, subd. (a).) Section 361, subdivision (c) governs the child's

2014(See In re Abram L., supra, 219 Cal.App.4th at p. 461 [minors, who did 13 not reside with the father at the time the petition was initiated, could not be removed from the father’s physical custody under section 361, subdivision (c)(1)].) Nor did Father request custody of the minors under section 361.2, subdivision (a), under which the trial court must determine whether placement with that parent would be detrimental if a noncustodial parent requests custody of a child. “‘[A] superior court convened as and exercising the special powers of a juvenile court is vested with jurisdiction to make onl

2014(In re J.F. (2011) 196 Cal.App.4th 321, 329 (J.F.).) If a permanent plan of long-term foster care is chosen at the section 366.26 hearing, the court or an appropriate agency must review the status of the child at least every six months under section 366.3, subdivision (d).

2007When the Court Removes a Child from a Custodial Parent Under Section 361, It Must First Make Determinations Concerning the Noncustodial Parent Under Section 361.2 The dependency statutory framework distinguishes between a parent with whom the child was residing at the time the section 300 petition was initiated (custodial parent), and a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the provisions of section 300 (noncustodial parent). [4] (§§ 361, subd. (c), 361.2, subd. (a).) Section 361, subdivision (c) governs the child's

2007When the Court Removes a Child from a Custodial Parent Under Section 361, It Must First Make Determinations Concerning the Noncustodial Parent Under Section 361.2 The dependency statutory framework distinguishes between a parent with whom the child was residing at the time the section 300 petition was initiated (custodial parent), and a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the provisions of section 300 (noncustodial parent). [4] (§§ 361, subd. (c), 361.2, subd. (a).) Section 361, subdivision (c) governs the child's