In re Tianna A. CA2/3

INTRODUCTION

Timothy A. (father) appeals from a disposition order under Welfare and Institutions Code1 section 361, subdivision (c), removing his daughter, Tianna A., and son, Timmy A., from his physical custody. Father contends the juvenile court violated his right to due process by denying him the opportunity to present evidence and argument concerning physical custody at the disposition phase of the hearing. We agree that the manner in which the court conducted the combined jurisdiction and disposition hearing in this case resulted in a denial of fundamental due process that defies review for harmless error. Accordingly, we will reverse the order and remand the matter for a contested disposition hearing.

FACTS AND PROCEDURAL BACKGROUND

On June 6, 2013, the Los Angeles County Department of Children and Family Services (the Department) filed a dependency petition alleging, among other things, that father had physically abused 15-year-old Tianna and 10-year-old Timmy by disciplining the children with a belt on numerous occasions. The juvenile court found the Department established a prima facie case for detaining the children and ordered them placed in the home of their…