In Re Joseph T.
Los Angeles County Department of Children & Family Services v. Joseph T.
Opinion
Lead Opinion
Rothschild, J.
— Joseph T., Sr. (Father), appeals from the order at the six-month review hearing denying placement of his son, Joseph T., Jr. (Joseph), with his paternal aunt.
The principal issue in this case is whether, without qualification, the relative placement preference under subdivision (a) of Welfare and Institutions Code section 361.3, 1 applies after the dispositional hearing through the family reunification period or whether subdivision (d) of that statute precludes application of the preference after the dispositional hearing unless “a new placement. . . must be made.” We hold that the relative placement preference *790 applies at least through the family reunification period and that subdivision (d) of section 361.3 expands, rather than contracts, the application of the preference. Under the circumstances of this case, however, the dependency court’s failure to apply the preference at the six-month review hearing and the court’s failure to state on the record its reasons for not placing the child with his aunt were harmless errors.
FACTS AND PROCEEDINGS BELOW
In June 2006, Joseph and his four-month-old half sibling, Shane H., were detained and placed together in foster…
Concurrence in Part
Mallano, J.
Concurring and Dissenting. — I concur in the disposition affirming the juvenile court’s order. But in my view, the Los Angeles County Department of Children and Family Services (DCFS) and the juvenile court did not err in not applying the relative preference provisions of Welfare and Institutions Code section 361.3 1 nine months after the disposition hearing (and when three-year-old Joseph was in a stable placement in a foster home) because section 361.3 did not require DCFS or the juvenile court to give preferential consideration to the paternal aunt at a time when no new placement for Joseph needed to be made. (§ 361.3, subd. (d).)
Subdivision (a) of section 361.3 provides in pertinent part that “[ijn any case in which a child is removed from the physical custody of his or her parents pursuant to Section 361, preferential consideration shall be given to a request by a relative of the child for placement of the child with the relative.” Because the rules of statutory construction require that all subdivisions of a statute be given effect and harmonized if possible (Khajavi v. Feather River Anesthesia Medical Group (2000) 84 Cal.App.4th 32, 46 [ 100 Cal.Rptr.2d 627 ]),…
Opinion
Joseph T., Sr. (Father), appeals from the order at the six-month review hearing denying placement of his son, Joseph T., Jr. (Joseph), with his paternal aunt.
The principal issue in this case is whether, without qualification, the relative placement preference under subdivision (a) of Welfare and Institutions Code section 361.3, [1] applies after the dispositional hearing through the family reunification period or whether subdivision (d) of that statute precludes application of the preference after the dispositional hearing unless "a new placement... must be made." We hold that the relative placement preference applies at least through the family reunification period and that subdivision (d) of section 361.3 expands, rather than contracts, the application of the preference. Under the circumstances of this case, however, the dependency court's failure to apply the preference at the six-month review hearing and the court's failure to state on the record its reasons for not placing the child with his aunt were harmless errors.
In June 2006, Joseph and his four-month-old half sibling, Shane H., were detained and placed together in foster care because Monica M.…