RS

R.S. v. Superior Court

Good Law
154 Cal. App. 4th 1262·2007 Cal. App. LEXIS 1470·65 Cal. Rptr. 3d 444
Court of Appeal of CaliforniaSeptember 5, 2007B199111California3,081 words

Opinion

Opinion

Rubin, J.

INTRODUCTION

Petitioner R.S. (father) is the parent of E.S. (bom November 2004), who is a dependent of the juvenile court. Under California Rules of Court, mle 8.452, father filed a petition for extraordinary relief seeking review of the juvenile court’s April 23, 2007 ruling denying him family reunification services and setting a permanency planning hearing under Welfare and Institutions Code section 366.26.

The juvenile court, apparently assuming father was a custodial parent, denied reunification services under section 361.5. We conclude that as father was not a custodial parent, the court should have considered the case under a different code provision, section 361.2, which is applicable to noncustodial parents. Accordingly, we grant the petition and direct the court to reconsider the case under section 361.2.

PROCEDURAL BACKGROUND AND FACTS

Father, as well as real party in interest Los Angeles County Department of Children and Family Services (DCFS), set out in their briefs the complete history of the juvenile court proceedings, a history that does not require repetition except when necessary to address the specific claims for extraordinary relief.

Father has…

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