Los Angeles County Department of Children & Family Services v. Jonathan Q.

Jonathan Q., the presumed father of 10-year-old Anthony Q., appeals the juvenile court’s disposition order of July 29, 2015 pursuant to Welfare and Institutions Code section 361, subdivision (c), removing Anthony from his physical custody following the court’s finding there would be a substantial danger to the physical health, safety, protection or physical or emotional well-being of the child if he were returned to Jonathan’s home. Relying on the express language of section 361, subdivision (c), which refers to taking a child from the physical custody of a parent or guardian “with whom the child resides at the time the petition was initiated,” and the analysis of our colleagues in Division Three of this court in In re Dakota J. (2015) 242 Cal.App.4th 619 [ 195 Cal.Rptr.3d 200 ] (Dakota J.), Jonathan contends the juvenile court lacked authority to make a removal order because Anthony was residing with his maternal stepgrandmother, not with Jonathan, at the time the section 300 petition was filed in this case. The Tos Angeles County Department of Children and Family Services (Department), which recommended the juvenile court remove Anthony from Jonathan’s custody, has…