Orange County Social Services Agency v. Joseph L.

The lower court entered judgments declaring Jason L. and Brandi L. dependents of the juvenile court and removing Jason from the physical custody of defendant Joseph L., the minors’ father. (Welf. & Inst. Code, § 300.) Joseph contends the lower court committed reversible error by: (1) failing to appoint separate counsel for Jason before the jurisdiction hearing; (2) removing Jason from his custody without either sufficient evidence to support its decision or complying with Welfare and Institutions Code sections 361, 361.5 and 366; and (3) not releasing Jason to him at the detention hearing.

I

Procedural Background

On February 9, 1989, plaintiff Orange County Social Services Agency (SSA) filed petitions seeking to declare Brandi and Jason dependents of the juvenile court. Brandi’s petition alleged appellant had sexually molested her. (Welf. & Inst. Code, § 300, subd. (d).) The petition filed in Jason’s case was based on sibling abuse. (Welf. & Inst. Code, § 300, subd. (j).)

At the detention hearing, the court appointed separate counsel for each parent. Harold F. La Flamme was appointed to represent both minors. The parents denied each petition’s allegations. The court…