In re Liam L.

Christine L. appeals a placement order in the juvenile dependency case of her minor children Liam L., M.L., and Angel L. The order, made at the 12-month review hearing, placed the minors with their presumed father and noncustodial parent, J.L. Christine contends the evidence does not support the juvenile court’s finding that the minors’ placement with J.L. would not be detrimental under Welfare and Institutions Code section 361.2, subdivision (a).

Section 361.2, subdivision (a) requires that a dependant minor who has been removed from his or her custodial parent be placed with the minor’s noncustodial parent, if that parent requests custody, unless such placement would be detrimental to the minor. By its terms, and under our Supreme Court’s decision in In re Zacharia D. (1993) 6 Cal.4th 435, 453 [ 24 Cal.Rptr.2d 751 , 862 P.2d 751 ] (Zacharia D.), that statute applies only when the minor is first removed from the custodial parent, generally at the time of the disposition hearing. Under the current statutory scheme, a noncustodial parent who requests placement or custody for the first time after disposition must file a modification petition under section 388 to make such…