Samantha T. v. Superior Court

In this writ proceeding we are called upon to interpret and apply the provisions of Welfare and Institutions Code section 362.7, 1 which permit a county health and human services agency to place a dependent child in the home of a “nonrelated extended family member” (NREFM). Under the terms of the statute, a NREFM is anyone “who has an established familial or mentoring relationship with the child.” As we explain, the record here will not support the juvenile court’s determinations a family friend of the minors’ mother is a NREFM and that the placement with the family friend is in the best interest of the minors.

SUMMARY

We interpret section 362.7 in light of findings the Legislature made at the time it enacted its statutory predecessor, which permitted NREFM placements as a pilot project in counties selected by the Judicial Council. Under the *97 express terms of the statute and the earlier findings of the Legislature, we have no difficulty concluding someone who has a close relationship with a dependent child such that the relationship will provide the child with familiar adults in familiar surroundings is a NREFM. Additionally, in light of the Legislature’s findings,…