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Name: In re Rebecca S.
Case #: B216227
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 02/08/2010

A court must order the frequency and duration of parental visits rather than delegating that decision to the guardian’s discretion. Following a 366.26 hearing, the minors were in a guardianship with a maternal aunt. The father challenged a visitation order which provided that the parents have monitored visits to be arranged by the guardian. The guardian was given the responsibility of “frequency, location, duration, etc.” The appellate court reversed the order and remanded to the juvenile court with directions to specify the frequency and duration of the father’s visits. The time, place, and manner of visitation may be left to the legal guardian, but leaving the frequency and duration within the guardian’s discretion allows the guardian to decide whether visitation actually will occur. Because the court decided that visitation was appropriate, scheduling the frequency and duration of the visits would ensure the court’s goal of making sure the parental relationship would occur.