CHILDREN AND THE LAW
...Dependency Petitions
......Dispositional Hearing
.........Reunification & Visitation
............Impermissible Reunif. Orders
13 Cards On This Topic:

Trial ct. abused its discretion when it ordered children reunified with parents where factors showed lack of clear and convincing evidence that reunification was in children's best interest.

By placing sole discretion whether visitation would occur with F in C's hands alone, juvenile ct. ceded to C its duty to determine whether visitation was in C's best interests.

Juvenile court erred in bypassing services for F under W&IC 361.5(b)(10) based on failure to reunify with C in prior dependency; plain language of statute applies to failure to reunify with siblings only.

Error to continue mother's reunification services because of delay in psych report delineating proper services, where necessary findings to extend services beyond 18 months were not, and could not be made.

Mother should not have been denied reunification services under W&IC 300(e) and 361.5(b)(5) where D did not prove mother knew or should have known her baby was injured due to physical abuse.

Juv. court may not order visitation that contravenes a lawful parole condition placed on parent of a dependent child-parent seeking modification of condition must petition Bd. of Prison Terms or bring habeas petition.

Reversible error to proceed to terminate absent mother's parental rights where no finding made that services would be futile/detrimental or that reasonable efforts were made by DHHS to provide services.

Juvenile court erred by requiring family maintenance services instead of reunification services for mother because Cs were placed in F's custody.

Juvenile court erred as matter of law when it determined W&IC 361.5 did not authorize court to bypass services to noncustodial parent who requested and was denied placement of his/her child under W&IC 361.2 (a).

Reversible error to terminate reunification services and set W&IC 366.26 hearing by applying 12-mo. review standard of W&IC 366.21 (f) and (g), instead of 6-mo. review standard per W&IC 366.21 (e).

W&IC §362(c) does not authorize juvenile court to order other relatives with whom the child is not placed to participate in counseling or education programs.

As F was not a custodial parent, juvenile court should have considered the case under W&IC 361.2, which is applicable to noncustodial parents, and not W&IC 361.5.

If juvenile court determines that, for child sex abuse V's safety, contact between abusive F and V must be monitored at all times, court may not permit F to return to home by designating nonoffending 2d parent as monitor.