Santa Clara County Department of Family & Children's Services v. Patrick A.

INTRODUCTION

Welfare and Institutions Code section 360, subdivision (a), 1 authorizes the juvenile court to order a legal guardianship for a child who has been found to be described by section 300, when a parent has advised the court that he or she is not interested in family maintenance or family reunification services and the parent and child agree to the guardianship. However, the court cannot *418 appoint a legal guardian under the section until an assessment is read and considered by the court and reflected in the minutes of the court. The assessment shall contain statutorily specified information, including the “[c]urrent search efforts for, and notification of, a noncustodial parent in the manner provided in Section 291.” (§ 360, subd. (a)(1).) 2

In this case, Patrick A., father of the two children at issue, appeals from a juvenile court dispositional order removing the children from his home, *419 placing them in the custody of their paternal grandparents, and ordering family reunification services for both father and the children’s mother, Sabrina O. Father contends that the court erred in refusing his request to order a legal guardianship for the children…