Marin County Department of Health & Human Services v. Charles C.

In this juvenile dependency case, the trial court was faced with a complex family situation involving three children of the same mother, each with a different father. The case was made even more difficult by an unfortunate sequence of events in which the two younger children were removed from the mother, one of whom was placed in his father’s custody, after which the father was arrested for a parole violation. At the dispositional hearing, the trial court denied the father’s request that he be allowed to retain custody of his son and send him to be cared for by his paternal relatives, at least during his incarceration. Instead, the trial court ordered that both of the younger children be placed with their mother’s sister.

On this ensuing appeal, the father argues that the trial court’s order was not supported by findings, based on clear and convincing evidence, sufficient to *688 justify removing the child from the father’s custody under the applicable statutes. We agree, and accordingly reverse and remand for further proceedings.

I. Facts And Procedural Background

Isayah C. is the third child of Tonya K., who is not a party to this appeal. Appellant Charles C. is…