CHILDREN AND THE LAW
...Dependency Petitions
......Dispositional Hearing
.........Reunification & Visitation
............Parental Visitation: Termination
13 Cards On This Topic:
  • Court may terminate reunification services whenever parent fails to contact or visit a child for six months after services commenced
  • Order terminating services to F reversed where DFCS did little to secure a psychotropic medication evaluation recommended for F in psych. evaluation, and did not show it could not reasonably have been expected to do more.
  • Order denying mother visitation reversed where not supported by necessary finding that visitation would jeopardize C's safety.
  • Abuse of discretion to order reunification to mother for 3d time where "staggering amount" of services offered before and court focused on Cs' love for mother rather than realistic chance of permanency and stability.
  • Though ample evidence F had participated in court-ordered treatment, even while incarcerated, also ample evidence he resisted treatment w/in 3 yrs preceding current petition and came w/in the W&IC 361.5(b)(13) exception.
  • DCFS could not meet clear and convincing standard to terminate reunification where it told mother and court for a year that she was in the proper programs, then, at the 11th hour, used that mistake to ask court to terminate services.
  • Denial of visitation supported by substantial evidence, court misinterpreted W&IC §317 (f) to preclude E from testifying or giving info at 6-mo. hrg; F prejudiced at 12-mo. hrg by lack of info re therapeutic progress or changed circs.
  • Mother’s relapse into drug use does not constitute extraordinary circumstances or special needs necessary to support extension of family reunification services beyond statutory limit.
  • DA’s dropping spousal abuse charges against F was not change of circumstances necessitating hearing to undo termination of reunification services.
  • Whether ’open adoption’ [postadoption parental visitation] viable after terminating parental rights would depend on facts; not susceptible to meaningful consideration in abstract for first time on appeal.
  • No abuse of discretion to terminate visitation where father incarcerated and court otherwise could reasonably have found gross detriment to minor.
  • Court properly terminated visitation between father and son based on finding continued contact would be detrimental to minor.
  • Cases discussing the termination of parental visitation and reunification.