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Name: In re P.L. (2024) 100 Cal.App.5th 406
Case #: D082723, D082853
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/08/2024
Subsequent History: Ordered published 4/7/2024

The juvenile court did not abuse its discretion in allowing the minors to refuse visitation where Father never requested a change to the visitation orders. The minors were removed due to physical abuse by Father and placed with Mother. Although the court ordered supervised visitation with Father, neither minor wished to visit, and the court ordered that their wishes should be considered. Father did not object to the visitation orders. Father appealed from the jurisdiction and disposition orders and the reviewing court affirmed. Father argued that allowing the minors to refuse visitation was an improper delegation of power. The reviewing…

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Name: In re F.P.
Case #: B307313
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 02/24/2021

Substantial evidence supported the juvenile court's finding that visitation between mother and the minor would be detrimental where mother's abuse of the minor caused him distress, and he refused to communicate with her. The minor was detained after telling police that mother physically and emotionally abused him and that he was afraid of her. Mother appeared paranoid, believed people were following her, and stated that she observed U.F.O.s. Mother often talked about killing herself or purposely crashing her car. The minor's adult siblings told social workers that mother had physically and mentally abused them when they were in her…

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Name: Serena M. v. Fresno County Superior Court
Case #: F080612
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/30/2020

Denial of mother's requests for therapeutic supervised visitation with teenager who refused to visit constituted a denial of reasonable services. The 15-year-old minor, C.C. was removed from mother due to excessive discipline by mother and mother's boyfriend. Reunification services were ordered, but the minor refused to visit mother or have any contact with her. The juvenile court encouraged the minor to visit, and ordered a supervised exchange of letters and gifts. The minor continued to refuse to visit mother, but enjoyed the letters and gifts. She did not send anything back to her mother. Mother's…

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Name: In re J.R.
Case #: C088052
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/25/2019

The juvenile court did not abuse its discretion when it terminated dependency jurisdiction after establishing a guardianship for the minor with the grandparents he had lived with for two years. The minor originally came to the attention of the juvenile court in 2016 due to alcohol abuse by mother. The juvenile court adjudged him a dependent, removed him from mother and placed him with his maternal grandparents. Mother only minimally participated in services, and continued to relapse. The minor had previously refused to visit mother after her relapses. In 2018, the minor moved with his…

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Name: In re J.P.
Case #: H046491
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/26/2019

Juvenile court has discretion to order visitation between nonparent and a child where it is in the child's best interest. J.P and his younger half-brother were taken into custody following mother's arrest for driving under the influence. Mother's ex-boyfriend Albert was the younger minor's biological father. He was not J.P.'s biological father, but he wanted to legally adopt him. J.P's biological father had no contact with him. At the six-month review hearing, the minors were returned to mother. Albert had been visiting both minors, and the children had a bonded relationship with him. Following…

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Name: In re Christian K.
Case #: A151695
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 03/21/2018

Juvenile court did not err by ordering overseas trip for minor, even if the minor would have benefited from additional therapy before going. Parental rights to the minor were terminated. Paternal grandparents, who live in Denmark, expressed interest in adopting the minor. The Department recommended weekly therapy for the minor to work on his relationship with his grandmother. The therapy was interrupted because of the foster family's unwillingness to provide transportation. Grandmother scheduled a month-long visit for the minor to visit her in Denmark prior to a permanent move. The juvenile court ordered the…

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Name: In re Matthew C.
Case #: A147877
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 03/17/2016

Parental visitation may be denied if visitation would be inconsistent with the physical or emotional well-being of the child. Mother challenged the juvenile court's orders at disposition which temporarily denied her visitation with the infant minor. She argued there was no evidence that monitored visitation would be inconsistent with the minor's well-being, and that the absence of visitation would negatively impact her ability to forge a bond with the minor. The court noted the split of authority as to whether section 362.1 mandates visitation absent evidence of a threat to the minor's physical safety, or whether courts…

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Name: In re T.M.
Case #: C081155
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/02/2016

Juvenile court did not abuse its discretion when it denied visitation to father who physically abused minor and refused to address his serious anger issues. The minor was removed from father based on a petition which alleged physical abuse. Father denied the allegations and refused to participate in reunification services, blaming the minor. The court ordered no visitation for father, stating that it was detrimental to the minor. Father appealed the denial of visitation. The appellate court affirmed, finding that there was substantial risk of harm to the minor's well-being from visitation with father. The minor had experienced…

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Name: In re Korbin Z.
Case #: B269429
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 09/19/2016

The trial court erred by ordering visitation with Father at the minor's sole discretion. Father had not seen the minor, Korbin, for nine years when the minor was removed from his mother. After a 366.26 hearing was set, Father filed a 388 petition requesting custody of Korbin. The trial court denied the petition, finding that Father had not met his burden of showing that changing the prior order, which placed Korbin with relatives, was in his best interests. Korbin wanted to stay with relatives and did not want to visit Father. The court ordered monitored visitation in a therapeutic setting,…

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Name: In re A.J.
Case #: E061153
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/04/2015

Juvenile court properly denied visitation to father who was not a presumed parent and where the evidence was sufficient to support a detriment finding. Appellant, the biological father of the minor child in the dependency proceeding, was denied supervised visitation at the 366.26 hearing based on a finding of detriment. On appeal, father argued that the juvenile court erred when it denied him visitation because there was insufficient evidence of detriment. The Department argued that there was sufficient evidence of detriment, but that because father was a mere biological father, he was not presumptively entitled to visitation upon the establishment…

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