CHILDREN AND THE LAW
...Dependency Petitions
......Dispositional Hearing
.........Reunification & Visitation
............Parental Visitation: Deleg. of Auth.
 17 Cards On This Topic:
  • Juvenile court can, under current law, delegate to a legal guardian the decision whether to allow parental visitation.
  • When juvenile court has grounds to deny F all visitation, F not prejudiced by order permitting therapist to determine when visitation may begin.
  • No impermissible delegation of discretion over visitation where order delegated no absolute discretion to therapist and only some discretion to guardians.
  • Given lack of detail in oral visitation pronouncement, and improper delegation to HHS in written order, remand required to clarify, including minimum number of visits or that visitation to occur regularly.
  • Abuse of discretion to leave the frequency, duration, and location of parental visits within guardian's discretion.
  • Juvenile court did not improperly delegate to Cs' legal guardian the power to decide visitation as W&IC 366.26 (c)(4)(C) not effective at time of order and not retroactive.
  • Juvenile court erroneously abdicated authority by delegating discretion over visitation to 3d parties, including C and therapists, and abused its discretion in denying W&IC 388 petition seeking to rectify the error.
  • Trial court improperly delegated to legal guardian the power to decide whether mother would be allowed to visit 2 older children; on remand, court must wield that power and also specify frequency and duration of visits.
  • When ordering visitation, court must also ensure that some visitation, at minimum level determined by court itself, will occur; while court may allow child to refuse a particular visit, child cannot exercise de facto veto power.
  • Postguardianship visitation order reversed where court erroneously delegated visitation issue to guardian.
  • Amended visitation plan requiring children's consent to visitation with mother constituted unlawful delegation of judicial authority to the children.
  • By granting father visitation ’consistent with well-being of Ms, at discretion of CPS as to time, place and manner’ court did not abrogate statutory duty.
  • Order that visitation be arranged through and approved by county human services agency grants too much discretion to agency and is invalid.
  • When juv. ct. properly defines parental right to visitation, it may delegate to DCS strictly ministerial considerations re changing time and place of visitation.
  • Juvenile court has sole power to define right to visitation and may not delegate power to determine visitation to social services department.
  • Delegation to social worker and children of control of visitation not abuse of discretion.
  • Cases discussing delegation of authority in parental visitation.


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