In re Jonathan P.

Los Angeles County Department of Children & Family Services v. Juan P.

Good Law
172 Cal. Rptr. 3d 846·2014 Cal. App. LEXIS 505·226 Cal. App. 4th 1240·2014 WL 2584456
Court of Appeal of CaliforniaJune 10, 2014B249605California7,631 words

Opinion

Opinion

Woods, J.

Appellant Juan P. (Father), the father of minor Jonathan P, appeals from an order of the juvenile dependency court denying Father’s Welfare and Institutions Code section 388, petition seeking custody of Jonathan R, or in the alternative, family reunification services. Before this court, Father argues that the court erred in failing to assess his request for custody pursuant to section 361.2. Father claims that although he was not present at the disposition hearing, he is a nonoffending, noncustodial parent and thus he was entitled to have the minor placed with him unless the Los Angeles County Department of Children and Family Services (the Department) proved that placement with Father would be detrimental to Jonathan P. Father complains that rather than applying the detriment standard under section 361.2, the court erroneously applied the section 388 best interest standard to his request. In any event, Father asserts that he was entitled to reunification services. As we shall explain, any harm resulting from the failure to apply section 361.2 to Father’s request for custody did not result in prejudice. At the time the court considered Father’s custody request, Jonathan…

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