In Re GW

Mary Elizabeth Handy, under appointment by the Court of Appeal, for Minors.

CORNELL, Acting P. J. —

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…