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Name: In re S.B.
Case #: S112260
Court: CA Supreme Court
District CalSup
Opinion Date: 05/27/2004
Summary

At a permanent plan hearing, the minor’s foster parents were appointed as her legal guardians. Without objection from mother’s attorney, the court ordered the legal guardians to make all decisions concerning visitation between mother and the minor. On appeal, mother challenged the delegation to the child’s legal guardians the issue of visitation. The Court of Appeal reversed, and the California Supreme Court granted review. The Court in this opinion reversed the judgment of the Court of Appeal. Mother’s failure to challenge the visitation order did not preclude the Court of Appeal from considering the issue on appeal. However, the juvenile court under Welfare and Institutions Code section 366.26, subdivision (c)(4) is not precluded from delegating to the child’s legal guardians the decision of whether to allow visitation.