CHILDREN AND THE LAW
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Dependency Petitions
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Dispositional Hearing
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Reunification & Visitation
............Parental Visitation: In General
14 Cards On This Topic:
Trial ct. did not abuse its discretion when it denied mother's motions to have a neutral observer present at all sibling visits and to strike the SW's testimony and report.
Court did not abuse discretion in denying mother's request for psychological evaluation to assist court in deciding on whether to grant her reunification services.
Reasonable services not provided where DCFS abdicated responsibility to effectuate timely counseling for minor and conjoint counseling with father, precluding meaningful visitation.
Mother's due process rights to notice and opportunity to be heard compromised when court modified existing visitation order after unsuccessful mediation w/out holding properly noticed §388 hearing.
By denying mother reunification with Ms she sent out of danger of war, court gave undue weight to Ms’ desires and too little to mother’s potentially positive influence.
Court may not abdicate responsibility to create reasonable visitation and transportation order in reunification plan by simple talisman of mileage limitation.
Reversal required where reunification and visitation inadequate; no meaningful distinction between case with no reunification plan, and case where plan developed but not implemented.
Courts must be cautious in making visitation orders which require minor to be shuffled among several caretakers.
Reversal req’d where reunification and visitation inadequate; no meaningful distinction between case with no reunification plan, and case where plan developed but not implemented.
Court should specify frequency and duration of visits.
Rights of parents to visit must be balanced with child’s best interests.
Child’s belief father harmed her and her fear of him is relevant to issue of whether or not continued contact is in child’s best interests.
Visitation rights may be granted while termination of parental rights pending; issue separately appealable; may not delegate issue to social worker.
Parental visitation after 366.26 finding that M is adoptable.