Juvenile court erred by ordering monitored visitation at Father’s expense without considering his ability to pay or reasonable alternatives. Minors were removed from Father due to his alcohol abuse and domestic violence. At the six-month review hearing, the court terminated jurisdiction with full legal and physical custody to Mother, and monitored visits with Father. Over Father's objection, the visits were ordered to be professionally monitored at Father's expense. Father appealed, and the reviewing court reversed the monitored visitation component of the exit orders. Here, the juvenile court should have considered whether Father had the ability to pay a professional monitor…
Juvenile court erred by ordering monitored visitation at Father’s expense without considering his ability to pay or reasonable alternatives. Minors were removed from Father due to his alcohol abuse and domestic violence. At the six-month review hearing, the court terminated jurisdiction with full legal and physical custody to Mother, and monitored visits with Father. Over Father's objection, the visits were ordered to be professionally monitored at Father's expense. Father appealed, and the reviewing court reversed the monitored visitation component of the exit orders. Here, the juvenile court should have considered whether Father had the ability to pay a professional monitor and if it found he did not, the court should have considered reasonable alternatives, such as Mother or a relative who was approved by the Agency.
The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/B338698.PDF