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Name: Kevin R. v. Superior Court
Case #: D058003
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/10/2010
Summary

The juvenile court did not improperly delegate visitation authority to the parole officer when it considered father’s parole conditions in making a visitation order. Kevin R. was a registered sex offender who was prohibited contact with children, including his dependent daughter. Kevin obtained a modification of his parole conditions allowing him supervised visitation with his daughter at the department offices. Six weeks later, the court became concerned with Kevin having contact with other children at the department office and the social worker suspended visitation. On appeal, Kevin contended that the juvenile court unlawfully delegated its authority concerning visitation to the parole officer. The appellate court rejected the argument, finding that notwithstanding section 361.1, subdivision (a), which requires the court order visitation as frequent as possible consistent with the well-being of the child, the court may not order visitation that contravenes a legal condition of parole. Accordingly, a parent seeking a modification of the parole condition must petition the Board of Prison Terms or bring a habeas petition. The court also found sufficient evidence to support the findings that there was no reasonable probability of return of the minor to Kevin by the 12-month review date, that reasonable services were provided, and that termination of services was proper. Further, the social worker did not have the obligation to intercede in Kevin’s parole modification proceedings, and the court may properly consider parole conditions when fashioning orders in the best interests of the child.