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Name: In re M.R.
Case #: E037337
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/29/2005

The trial court improperly delegated to the legal guardian the power to decide whether mother would be allowed to visit her two older children. Although mother failed to object to the order, the appellate court has the discretion to excuse forfeiture when the case presents an important issue. The Legislature amended section 366.26, subdivision (c)(4) after the opinion issued in In re S.B. Effective January 1, 2005, the Legislature made clear its intent to require juvenile courts to make visitation orders in both long-term foster care placements and legal guardianships. Therefore the court could not delegate authority to the legal guardian to decide whether visitation would occur, and remand was required.