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Name: In re Liam L.
Case #: D067729
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/30/2015
Summary

Father’s failure to file a 388 petition requesting placement of the minors under section 361.2 was harmless, and the juvenile court properly found no evidence of detriment before placing the minors with him. The minors were placed with the previously noncustodial presumed father at the 12-month review hearing. Mother appealed the placement order, contending that the evidence did not support the court’s finding that the minors’ placement with father would not be detrimental under section 361.2, subdivision (a). The appellate court disagreed and affirmed. First, although father failed to file a 388 petition, which is required for a placement with noncustodial parent after the disposition under Zacharia D., the error was harmless here. The issue of placement with father was before the court with the consent of all parties. Second, the evidence supports the juvenile court’s finding that placement with father would not be detrimental to the minors. Father had cooperated with the Agency and developed a positive relationship with the minors during the dependency case. The minors enjoyed visiting him and had no negative feelings about moving to Kansas. Father had a stable job and home life. In light of all the evidence, the juvenile court could reasonably determine that there was no evidence of detriment.