San Diego County Health & Human Services Agency v. Dewayne M.

Dewayne M., the noncustodial father of John M., appeals the juvenile dependency court’s dispositional order denying his request to place John with him in Tennessee. Dewayne’s contentions fall into two categories; a challenge to the court’s finding that such placement would be detrimental to John (Welf. & Inst. Code, § 361.2) and a challenge to rulings concerning the Interstate Compact on the Placement of Children (ICPC) (Fam. Code, § 7900 et seq.). We conclude the court erred by finding that John’s placement with Dewayne would be detrimental within the meaning of Welfare and Institutions Code section 361.2, abused its discretion by denying Dewayne’s request for a continuance of the dispositional hearing pending completion of a home evaluation through the ICPC process or some other means, and erred by concluding that an ICPC report was required before placing John with Dewayne.

I. BACKGROUND

A. Detention and Jurisdiction

In September 2005, when John was 13 and one-half years old, the San Diego County Health and Human Services Agency (the Agency) filed a dependency petition alleging his mother, E.E., physically abused him. The petition did not mention Dewayne, instead…