San Diego County Department of Social Services v. Rodney D.

Rodney D. appeals from orders issued at the dispositional hearing of a dependency proceeding denying him placement of his six children. In this opinion, we conclude the court failed to apply Welfare and Institutions Code 1 section 361.2, subdivisions (a) and (b), the proper statutory provision to determine whether the children should have been placed with Rodney. We further decline to imply a finding of detriment required under section 361.2. Finally, we conclude such a finding must be supported by clear and convincing evidence.

Background

Between October 1987 and February 1994, Angela A. (Angela or the mother) and Rodney D. (Rodney or the father) had six children: Marquis, *1817 Olar, Elijah, Dachuray, Connie, and Sonja. 2 Angela and Rodney lived together off and on with the longest period of cohabitation being three months. Although Angela primarily cared for the children, Rodney maintained regular contact and visitation with them. Angela developed a long history of referrals to child protective services for child rearing problems.

On December 1, 1994, six-year-old Olar was discovered by school personnel to have a bum on the back of her left hand the “size of a…