In re C.M. CA2/8

Robert M. (father), the noncustodial and nonoffending father of C.M., appeals from the juvenile court’s dispositional order granting physical custody of C.M. to the Los Angeles County Department of Children and Family Services (DCFS) for placement with maternal grandparents. Both C.M. and DCFS filed respondent’s briefs in support of the order. We agree with father that there was insufficient evidence that placement with father would be detrimental to C.M. Therefore, under Welfare and Institutions Code section 361.2, subdivision (a), we reverse and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Mother and father were living together but not married when C.M. was born in August 2000. According to the paternity questionnaire completed by mother in these dependency proceedings, father provided financial support and maintained a relationship with C.M. C.M.’s half sibling, S., was born in November 2005. At all relevant times, C.M. and S. (collectively, the children) lived with mother in the maternal grandparents’ home. Other maternal family members lived in the same apartment complex.

From 2004 until 2013, the children were the subject of six referrals,…