Rhonda W. v. Superior Court

No person who has a criminal record, other than for a minor traffic violation, may be licensed or certified as a foster parent for placement of a child without an exemption from the director of the State Department of Social Services. (Health & Saf. Code, § 1522.) Similarly, although the Legislature has expressed its clear preference for the placement of a dependent child in the home of a relative or extended- family member rather than a traditional foster home, when the juvenile court removes a child from the physical custody of his or her parents, the child may not be placed in the home of a relative or other person who is not a licensed or certified foster parent and who has a criminal record unless a criminal records *1321 exemption has been granted by the appropriate official in the county in which the dependency proceeding has been initiated. (Welf. & Inst. Code, § 361.4.) 1

As an alternative to removing the child from the physical custody of his or her parent and placing the child in the foster care system, section 360 and California Rules of Court, rule 1456(b) 2 authorize the juvenile court at the disposition hearing to appoint a legal guardian if the parent has…