In re John M.

Los Angeles County Department of Children & Family Services v. John M.

Caution
217 Cal. App. 4th 410
Court of Appeal of CaliforniaJune 21, 2013B243107California5,160 words

Opinion

Opinion

Johnson, J.

John M., Sr. (father), appeals the dependency court’s jurisdictional and dispositional order denying him custody of his son John M. (John). Father, who was incarcerated at the time of John’s detention and who was the subject of an amended petition, argues that Welfare and Institutions Code section 361.2 provides that a noncustodial parent is entitled to placement consideration without regard to whether such parent is offending or nonoffending. Conceding that, in dependency court, he did not raise the possibility of John’s placement with him, father argues nonetheless there was no forfeit. Father also argues that insufficient evidence supports the jurisdictional findings against him. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On February 21, 2012, the Los Angeles County Department of Children and Family Services filed a petition alleging that Toni R. (mother) had bipolar disorder, a 25-year history of substance abuse, and was a current daily abuser of heroin, alcohol, and prescription medication. The petition alleged two counts against mother under section 300, subdivision (b).

The detention report stated that John was placed in foster care, and that John’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.