In re N.J.

INTRODUCTION

The California Legislature has expressed a strong preference to place children who have been detained from their parents with family members whenever possible. To that end, there is a detailed statutory scheme setting forth the duties of the Los Angeles County Department of Children and Family Services (DCFS) and the juvenile court, including requiring DCFS to promptly, and diligently assess any interested family members for placement when a child is removed from parental custody. If a family member requests placement, the statutory placement preference under Welfare and Institutions Code, section 361.31 requires DCFS and the court to place the relative at the head of the line for placement and to place the child with the relative if practicable. DCFS and the juvenile court utterly failed to perform these duties in this case and, as a result, failed this family. Child N. was removed from mother C.J. immediately after her birth in August 2021, due to mother’s substance abuse and mental health issues. Shortly thereafter, DCFS placed her with a foster caregiver (the caregiver) who, according to DCFS, was a “trial attorney for the County Counsel’s office, Dependency…