In Re Darlene T.

Los Angeles County Department of Children & Family Services v. Darlene T.

Good Law
163 Cal. App. 4th 929·2008 Cal. App. LEXIS 841·78 Cal. Rptr. 3d 119
Court of Appeal of CaliforniaJune 5, 2008B200176California5,073 words

Opinion

Opinion

Chavez, J.

— The Los Angeles County Department of Children and Family Services (DCFS) appeals from an order of the juvenile court requiring DCFS to make retroactive AFDC-FC payments to a relative caregiver, maternal grandmother Adela T., for the benefit of the detained minor children, Darlene T. (bom Jan. 2003) and twins Iv. H. and Is. H. (bom July 2006) (collectively referred to as “children” or “respondents”). DCFS contends that the order violates the separation of powers and that Adela T. was required to exhaust her administrative remedies before a court could consider the funding issue. We agree, and therefore reverse the order.

FACTUAL AND PROCEDURAL BACKGROUND

1. Initial detention

On October 27, 2006, the juvenile court detained the children from parental custody after DCFS filed a petition on their behalf. The detention and filing were based on allegations that the children had been exposed to domestic violence between their mother (mother) and the twins’ father, Juan H., and that mother had a history of substance abuse and had tested positive for methamphetamine on October 16, 2006. Mother and Juan H. lived with the children in the home of maternal grandmother, Adela T.,…

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