Esteban G. v. Superior Court

INTRODUCTION

By petition for an extraordinary writ, Esteban G. (father) asks us to vacate the trial court’s order (1) for an evaluation of him under the Interstate Compact on the Placement of Children (ICPC; Fam. Code, § 7900 et seq.) and (2) setting a selection and implementation hearing pursuant to Welfare and Institutions Code 1 section 366.26 2 as to his daughter, five-year-old Suhey G. (Suhey). Father contends that the court abused its discretion in ordering an ICPC evaluation because the ICPC does not apply to out-of-state placements with a parent. Father further contends that the court erred in setting a section 366.26 hearing without requiring the Los Angeles County Department of *735 Children and Family Services (Department) to show that placement of Suhey with father would be detrimental to her under section 361.2.

We issued a stay of the section 366.26 hearing and an order to show cause and the Department responded. We have reviewed the petition on the merits and conclude that the court erred to the extent it set a section 366.26 hearing and denied father a fair opportunity to present his case for relief under section 361.2. 4 The petition, however, will be…