Proposition 47 The Safe Neighborhoods and Schools Act FAQ (Criminal) The Los Angeles Superior Court has created one form named Application/Petition for .
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Los Angeles County Supervisor Yvonne B. Burke, Second District
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Board of Supervisors 49 Cal. Section The section applies broadly to anyone involved in placement because the clause is stated in the passive form. That is, the phrase "the child shall not be placed in the home," lacks a subject with the result that it clearly forbids the juvenile court, as well as social workers and the department, to place a child with someone who has a disqualifying criminal conviction.
Superior Court 47 Cal. The plain language of section Although there is a provision in the statute allowing for a waiver of the disqualification, the power to grant a waiver was not conferred on the juvenile court. The director has 14 days to grant or deny a waiver application based on the standards set out in Health and Safety Code section , subdivision [87 Cal.
The Legislature has made no provision for delegation of this duty outside the DSS. Superior Court Cal. Having given the authority to request a waiver only to the department and the power to waive the disqualification only to the director of DSS, it is apparent that the Legislature did not intend to confer such authority on the juvenile court. Here, the department did not request a waiver from the Director of DSS. The reasons for that decision are clearly amplified in the record. Robert has numerous disqualifying narcotics-related convictions and a very recent arrest for driving under the influence.
Additionally, as the department observes, a waiver would be inappropriate under section In re Jullian B. In our view, the department's recommendation against [87 Cal. Pursuant to section Focussing on the goal of the dependency law to preserve families whenever possible and to promote the safety and well-being of dependent children, counsel for Richard and Serena contend that section Counsel argue that a construction of section We disagree. The general "best interest of the child" standard cannot supplant the specific prohibition in section See Lake v.
Reed 16 Cal. Furthermore, section Rules Com.
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Bill No. Next, counsel for the children argue that the department's interpretation of section There is no conflict. Paragraphs 3 and 5 of subdivision d of section give the juvenile court the discretion to place a detained child in a "suitable home of a relative. Indeed subdivision d of section directs that the court "shall" consider the department's recommendation based on the assessment of suitability, including a criminal records check.
Here, the court ignored the department's advice. In any event, Robert is not entitled to preferential consideration for placement under section , because he is neither "a grandparent, aunt, uncle [n]or sibling of the child. Jullian was a member of an Indian tribe and subject to the placement preferences of the Indian Child Welfare Act.
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ICWA, 25 U. The Jullian B. The appellate court reversed the juvenile court's finding that the county had met its burden of establishing good cause under the ICWA to avoid its preference.
The reviewing court held, to circumvent the ICWA's placement preference where the applicant has a disqualifying criminal conviction, the department must request a waiver from the director of DSS, or explain why, based on the merits of the individual case and subject to review for abuse of discretion, no waiver had been sought.