In re Joshua A. CA4/1

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Charlotte A. challenges the finding that her boyfriend, Luis O., did not qualify as a nonrelative extended family member (NREFM) for placement of her son Joshua A. She contends the juvenile court erred as a matter of law when it ruled a parent is not a relative within the meaning of Welfare and Institutions Code section 361.3, subdivision (c)(2) for purposes of determining NREFM status. Charlotte also argues the juvenile court erred when it did not order the San Diego County Health and Human Services Agency (Agency) to evaluate Luis’s home as a placement option for Joshua.

The Agency agrees the juvenile court misinterpreted section 362.7 when it ruled Luis was not an NREFM. The Agency contends the error was harmless because the juvenile court found it was not in Joshua’s best interests to be placed with Luis, which would have disqualified the placement had the court correctly determined Luis’s NREFM status.

We conclude the juvenile court erred as a matter of law when it ruled a parent is not a relative within the meaning of section 361.3, subdivision (c)(2) for purposes of determining NREFM status within the meaning of section 362.7. The statutory scheme clearly…