In re Owen C.
In May 2009 the juvenile court entered a jurisdictional finding (Welf. & Inst. Code, 300, subd. (e));[1] removed seven-month-old Owen C. from the custody of his father, James C.; and placed Owen with his mother, Megan C. The court found the San Diego County Health and Human Services Agency (the Agency) had satisfied its obligation to "investigate the circumstances leading to [Owen's removal] and advise the court whether . . . reunification [was] likely to be successful" ( 361.5, subd. (c)). The court ordered family maintenance services ( 362, subd. (b), 364, subds. (b), (c)) for Megan and denied reunification services for James ( 361.5, subd. (b)(5), (b)(6)). James and Owen appeal. James contends the jurisdictional finding is not supported by substantial evidence, the Agency failed to meet its investigatory obligation and the court abused its discretion by denying him reunification services. Owen contends reunification services were not at issue because he was not removed from both parents' custody and that it was in Owen's best interests for James to receive family maintenance services. Court reverse the order denying James reunification services and remand so that the juvenile court may exercise its discretion to determine whether it is in Owen's best interests for James to receive family maintenance services. In all other respects Court affirm the judgment.
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