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

Introduction

Welfare and Institutions Code section 361.4, subdivision (d)(2) states that a “[dependent] child shall not be placed in the home” where the child would have contact with an adult who has been convicted of a crime, other than a minor traffic violation. The Los Angeles County Department of Children and Family Services (the department) has filed a petition for writ of mandate asking this court to vacate the order of the juvenile court placing nine-month-old Serena A. and four-year-old Richard A. with their maternal great-uncle and his wife because of the great-uncle’s extensive disqualifying history of narcotics-related criminal convictions. We hold that the prohibition in section 361.4, subdivision (d)(2) is mandatory. We further hold that the statute does not otherwise provide the juvenile court with discretion to avoid a disqualifying criminal conviction. Thus, the juvenile court acted in excess of its authority in ordering the challenged placement. Accordingly, we grant the department’s writ and direct the juvenile court to vacate its order.

Factual and Procedural Background

The department filed a petition alleging the children are described by…