What factors must a court consider in determining if placing a minor with a disabled parent would be detrimental to the Minors?

California, United States of America


The following excerpt is from Persons Coming Under the Juvenile Court Law. Sonoma Cnty. Human Servs. Dep't v. Superior Court of Sonoma Cnty. (In re J.S.), A142662 (Cal. App. 2014):

We agree that these are all relevant factors that the court must consider in determining if placement with Father would be detrimental to the Minors. We normally presume that the court knows and applies the correct statutory and case law and recognizes those facts which properly may be considered in the judicial decisionmaking process. (People v. Coddington (2000) 23 Cal.4th 529, 644, overruled on other grounds by Price v. Superior Court (2001) 25 Cal.4th 1046, 1069, fn. 13.) In this case, however, the record is not at all clear that the court actually did so. At the July 2014 hearing the court discussed almost exclusively Father's disability and stated "I have to make a finding of detriment based on something because of Father," indicating that the court erroneously believed that it was required to make a determination of parental fault, rather than assessing the effect that placement with Father would have on the safety, protection and physical and emotional well-being of the Minors. We cannot be satisfied on this record that the juvenile court adequately explored whether placing Minors with Father would be detrimental to them within the meaning of section 361.2(a). Since we cannot confidently say that the court applied the correct legal standard in this instance, we will remand for further hearing.18

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