In re Patrick S.
San Diego County Health & Human Services Agency v. Patrick S.
Opinion
Opinion
McINTYRE, J.
Patrick S. II appeals an order denying his request for placement of his son, Patrick S. Ill (P.S.), under Welfare and Institutions Code section 361.2, subdivision (a) (further statutory references are to the Welfare and Institutions Code), which requires the court to place a dependent child in the care of a noncustodial parent unless it finds that placement would be detrimental to the child’s safety, protection or physical or emotional well-being. Patrick argues there is not substantial evidence to show that placement in his care would be detrimental to his son. We agree and reverse.
FACTUAL AND PROCEDURAL BACKGROUND
P.S. is the 14-year-old son of Patrick and D.S. When P.S. was 11 months old, D.S. left Patrick, taking P.S. with her. D.S. and P.S. moved from Hawaii to California to New Mexico to Texas and, in 2009, to San Diego. She did not maintain contact with Patrick or other family members.
Patrick searched for his son. He hired attorneys and a private investigator, contacted D.S.’s relatives, federal and state law enforcement and child welfare agencies and visited locations where he thought he might find his son. Patrick served in the United States Navy as a…