Los Angeles County Department of Children & Family Services v. Jacob M.

Jacob M., father (Father) of Julien H., appeals from a dispositional order relating to Father made pursuant to Welfare and Institutions Code section 361, subdivision (c)(1). 1 Father contends that section 361, subdivision (c)(1) applies only to a parent with whom a child resides, and because Julien did not reside with Father, the court had no authority under that section to make the orders restricting his rights to Julien. Father also contends that the error was prejudicial because no other authority supports the court’s order. We agree with Father that section 361, subdivision (c) does not apply but we conclude that Father has failed to demonstrate prejudice. Consequently, we affirm but remand with directions.

FACTUAL AND PROCEDURAL BACKGROUND

Julien (born in 2010) lived with his mother, Janelle H., 2 and had weekend visits with Father. The parents were never married, and the family never lived together.

In February 2015, the Los Angeles County Department of Children and Family Services (DCFS) received an anonymous referral indicating that the mother regularly left Julien for several days a week with his grandmother who smoked cigarettes in the child’s presence, left…