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Juvenile Law Case Summaries

■ In re G.W., No. F056246

The Kern County Department of Human Services (the agency) appeals from a juvenile court disposition order that appointed D.C. (hereafter stepgrandmother) the legal guardian of five of her six grandchildren born to T.C. (hereafter mother).  The dispositional hearing occurred after the juvenile court found the allegations of the supplemental petition filed pursuant to Welfare and Institutions Code section 387[1] to be true.

The agency contends the juvenile court erred when it relied on section 360, subdivision (a) to appoint stepgrandmother the children’s legal guardian.  The agency asserts the juvenile court was required by California Rules of Court, rule 5.565(f),[2] to proceed directly to a Welfare and Institutions Code section 366.26 selection and implementation hearing. 

It appears the juvenile court relied on section 360, subdivision (a) to avoid the requirements of section 361.4, which prohibits placement of a child with someone who has a criminal record unless an exemption is obtained from the agency.  (Id., subd. (d)(2).)  Stepgrandmother had a criminal record and the agency denied her request for an exemption. 

As we shall explain, the relevant statutes and cases lead us to conclude the disposition order must be reversed because the juvenile court erred in two respects.  First, case law, as well as rule 5.565(f), required the juvenile court, on the facts before it, to proceed directly to a section 366.26 planning and implementation hearing.  Second, the case on which the juvenile court relied in concluding that it could avoid the requirements of section 361.4, In re Summer H. (2006) 139 Cal.App.4th 1315 (Summer H.), is inapplicable to a disposition held after the allegations in a supplemental petition have been sustained.  Accordingly, the juvenile court erred in ignoring the requirements of section 361.4.  We will remand the matter to the juvenile court to schedule a section 366.26 hearing and comply with the applicable statutes.

■ Held:

Juvenile court order appointing step-grandmother as the legal guardian to defendant's children is reversed where: 1) the juvenile court erred in failing to comply with California Rule of Court 5.565(f), which requires the court to assess the status of the parent's reunification efforts and proceed to a Welfare and Institutions Code sec. 366.26 selection and implementation hearing; and 2) the juvenile court erred in ignoring the requirements of Welfare and Institutions Code sec. 361.4. as the case the court relied in concluding that it could do so is inapplicable to a disposition held after the allegations in a supplemental petition have been sustained.
In re G.W.-F056246-5/19/09 CA5
In re G.W.-F056246-5/19/09 CA5-PDF 

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