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

Three sisters, ages 11, eight, and five (the children), who are dependent children of the court, have lived with their aunt for most of their lives. The children are under a permanent plan of long-term foster care in the home of the aunt, who is their de facto parent. The Los Angeles County Department of Children and Family Services (the Department) filed a supplemental petition under Welfare and Institutions Code section 387, alleging placement with the aunt was no longer effective in the protection of the children. The Department asked the dependency court for an order detaining the children from the aunt pending the resolution of the petition. Finding it would be “extremely detrimental” for the children to be removed from this placement, the dependency court denied the Department’s request. The Department petitions for a writ of mandate directing the dependency court to vacate the order denying the detention request. The Department contends Welfare and Institutions Code section 361.4, subdivision (d)(2) deprives the dependency court of discretion to allow the children to remain with the aunt, because the aunt had been convicted, after the children were placed with her,…