In re D'Anthony D.
Annotate this CaseFather appealed from a dispositional order denying his request for custody of his son and daughter, who were removed from their mother's custody under Welfare and Institutions Code section 361. The court concluded that the juvenile court erred when it failed to consider father's custody request under section 361.2. The court rejected the Department's contention that a parent is precluded from requesting custody under section 361.2 based on jurisdictional findings made under a preponderance of the evidence standard. However, the error was harmless because the juvenile court made a finding under section 361, by clear and convincing evidence, that placing the children with father would pose a substantial danger to their physical health and well-being.
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