Legal Opinion
San Diego County Health & Human Services Agency v. Scott F.
California Court of Appeal
Decided December 7, 2007No. D050824PublishedCited by 21 opinions
1Opinion of the Court
Opinion
IRION, J.
Scott F. appeals orders of the juvenile court under Welfare and Institutions Code section 361, subdivision (c)(1).1 Scott contends the court erred when it removed his children from his custody at the disposition hearing without considering whether he could make appropriate arrangements for the children’s care while incarcerated.
We conclude when a noncustodial parent is incarcerated, the court must proceed under section 361.2 to determine whether the incarcerated parent *966desires to assume custody of the child. Unlike section 361.5, section 361.2 does not distinguish between an…
2Cases cited8 opinions
- Ghirardo v. AntonioliCalifornia Supreme Court · 1994
- Ward v. TaggartCalifornia Supreme Court · 1959
- In Re Zeth S.California Supreme Court · 2003
- People v. Superior Court (Zamudio)California Supreme Court · 2000
- Tupman v. HaberkernCalifornia Supreme Court · 1929
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Riverside County Department of Public Social Services v. A.B.California Court of Appeal · 2012
- Los Angeles County Department of Children and Family Services v. Irene V.California Court of Appeal · 2011
- San Diego County Health & Human Services Agency v. B.T.California Court of Appeal · 2013
- Los Angeles County Deparment of Children & Family Services v. Emma M.California Court of Appeal · 2013
- Santa Clara County Department of Family & Children's Services v. R.S.California Court of Appeal · 2011
16 more not listed; retrieve them via the Exa API.