In re D'Anthony D.

INTRODUCTION

Christian D. (father) appeals from a dispositional order denying his request for custody of his seven-year-old son D’Anthony and five-year-old daughter Dalia, who were removed from their mother’s custody under Welfare and Institutions Code section 361. Father contends the juvenile court erred by failing to consider his custody request under section 361.2, which requires the court to place a dependent child with the noncustodial parent unless the court finds the placement would be detrimental to the child’s safety, protection, or physical or emotional well-being. The Los Angeles County Department of Children and Family Services (the Department) contends section 361.2 applies to a “nonoffending” parent only, and father was precluded from requesting custody under the statute because the juvenile court sustained jurisdictional allegations against him concerning physical abuse of D’Anthony and failure to protect his children.

We conclude the juvenile court erred when it failed to consider father’s request under section 361.2, but the error was harmless in this case. In so concluding, we reject the Department’s contention that a parent is precluded from…