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Name: In re Luke H.
Case #: C071016
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/05/2013
Summary

The juvenile court is not statutorily authorized to order visitation between dependent and nondependent siblings, and a dependent child does not have a constitutional right to visitation with a nondependent sibling. After the dismissal of his sister’s dependency, dependent minor, Luke, filed a section 388 petition, requesting weekly visitation with his now nondependent sister. The juvenile court denied his petition, relying on In re A.R. (2012) 203 Cal.App.4th 1160, which held the juvenile court lacks jurisdiction to order visitation between dependent and nondependent siblings. On appeal, Luke argued the juvenile court erred in denying his 388 petition because, unlike in In re A.R., the court still had jurisdiction over his mother. The appellate court rejected his argument and affirmed. The juvenile court has no statutory authority to enter a visitation order regarding a nondependent sibling, and a dependent does not have a constitutional right to visitation with nondependent siblings.