Sierra County Department of Social Services v. Gene C.

Sandra H. and her live-in male companion, Gene C., appeal from an order of the juvenile court joining Gene as a party to proceedings in which Sandra’s children were declared dependents of the court under Welfare and Institutions Code section 300, subdivision (a). (Further statutory references are to the Welf. & Inst. Code.)

We conclude that, because it has no statutory authority to do so, a juvenile court is without jurisdiction to order the involuntary joinder of a live-in companion who is neither the parent nor guardian of a dependent child in an effort to secure the companion’s compliance with a reunification plan designed to overcome the problems which caused the dependency to be established. Since the Legislature has limited the options available to the juvenile court with respect to live-in companions, we are compelled to reverse the order of joinder.

Facts and Procedural Background

Following a report that Sandra’s live-in male companion, Gene, had repeatedly beaten one of Sandra’s daughters, the Sierra County Department *1620 of Social Services (DSS) petitioned the juvenile court to declare Sandra’s children dependents of the court under section 300,…