In re Julien H.
Annotate this CaseFather appeals from a dispositional order relating to Father made pursuant to Welfare and Institutions Code section 361, subdivision (c)(1), contending that section 361, subdivision (c)(1) applies only to a parent with whom a child resides. The court agreed with Father that section 361, subdivision (c) does not apply where the trial court could not remove the child from Father’s physical custody under section 361, subdivision (c)(1) because the child was not residing with him when the petition was initiated. The court concluded, however, that Father has failed to show that the trial court’s reliance on section 361, subdivision (c) was prejudicial where, as the court in Dakota J. implicitly acknowledged, the dependency court has the power under section 361, subdivision (a) and section 362, subdivision (a) to limit the access of a parent with whom the child does not reside and thus effectively remove the child from the noncustodial parent. Accordingly, the court affirmed the order.
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