welfare institutions code section 300

Recently, a California court has ruled that the visitation order providing for monitored visits with the parents, but leaving the frequency, duration, and location of the visits within the legal guardian’s sole discretion is an abuse of discretion and improper delegation of the judicial function to the legal guardian. (In re Rebecca S., Feb. 8, 2010, No. B216227.)

In In re Rebecca S, the father unsuccessfully sought to reestablish his relationship with his children. While he was incarcerated, his children came to the attention of the Department of Children and Family Services (“DCFS”) based on their living situation with their mother and stepfather. The children were declared dependents of the court under Welfare and Institutions Code sections 300, subdivisions (a) and (b), and two years later the court named their maternal aunt the children’s legal guardian pursuant to section 366.26, and terminated jurisdiction.

In its California visitation order, the juvenile court provided for monitored visits with the parents, but let the guardian decide the frequency, duration, and location of the visits for the children’s parents. The father contended that the court improperly delegated discretion to the legal guardian in its visitation order, and the Court of Appeals agreed with the father.

The court has determined that pursuant to Welfare and Institutions Code section 366.26, the juvenile court could leave the time, place, and manner of visitation to the guardian’s discretion. However, the juvenile court abused its discretion by delegating the ability to determine frequency and duration of the father’s visits with his children to their legal guardian, even if father waived the issue by failing to raise it in the juvenile court.

If you or a loved one has a custodial issue, it is important that you contact an experienced family law attorney in Southern California. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of family law matters. The vast resources at Wallin & Klarich allow our attorneys to offer outstanding representation to our clients. Our attorneys will aggressively fight for your rights. Call us today at (888) 749-7428 or visit us on our website at http://www.wkfamilylaw.com. We will be there when you call.