San Mateo County Social Services Agency v. Karla C.

*525 Opinion

The fundamental right to the care and custody of one’s child is protected by Constitution and statute. (In re Kieshia E. (1993) 6 Cal.4th 68, 76 [ 23 Cal.Rptr.2d 775 , 859 P.2d 1290 ]; In re Basilio T. (1992) 4 Cal.App.4th 155, 169-170 [ 5 Cal.Rptr.2d 450 ].) A child may not be taken from a parent’s physical custody during juvenile dependency proceedings, except for a temporary detention period, unless clear and convincing evidence supports a ground for removal specified by the Legislature. Removal on any ground not involving parental rejection, abandonment, or institutionalization requires a finding that there are no reasonable means of protecting the child without depriving the parent of custody. (Welf. & Inst. Code § 361, subd. (c); 1 see Cynthia D. v. Superior Court (1993) 5 Cal.4th 242, 253 [ 19 Cal.Rptr.2d 698 , 851 P.2d 1307 ].)

These basic guidelines establish that out-of-home placement is not a proper means of hedging against the possibility of failed reunification efforts, or of securing parental cooperation with those efforts. It is a last resort, to be considered only when the child would be in danger if allowed to reside with the parent. The law…