Los Angeles County Department of Children & Family Services v. Superior Court

The Department of Children’s and Family Services (DCFS) seeks writ review of an order of the juvenile court returning five-year-old H.S. to the care of her maternal grandmother, Sencere P. DCFS contends the order violated Welfare and Institutions Code section 361.4, which requires a criminal records check of all adults living in the home of any relative caretaker who is not a licensed foster care provider before a dependent child may be placed in the home. We agree the failure to complete the criminal records check contemplated by section 361.4 precluded return of H.S. to maternal grandmother at her new home. However, we deny the writ petition because the issue in this case has been rendered moot by subsequent developments.

SUMMARY

Maternal grandmother moved with H.S., on an emergency basis, to the home of maternal grandmother’s parents. A criminal records check revealed two of the residents of maternal grandmother’s new home had felony convictions that precluded placement of H.S. in the home. In such circumstances, section 361.4 directs that a fingerprint clearance check be performed within five days to ensure the accuracy of the criminal records check. DCFS removed…