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Date: 01-17-2025
Case Style:
Case Number: 17CCJP00574CD
Judge: Charles Q. Clay, III
Court: Superior Court, Los Angeles County, California
Plaintiff's Attorney: Los Angeles County, California Country Counsel's Office
Defendant's Attorney:
Description: Los Angeles, California family law lawyer represented the mother in a parental termination act.
Mother claimed the court's September 26, 2023 visitation orders were in error because it improperly delegated to the legal guardians unfettered discretion over whether and when the visits would occur and who could monitor mother's visits. The Department contends that by failing to raise these concerns to the trial court, mother forfeited her objections. We conclude the court's order granting mother a minimum of four hours weekly visitation was not error. To the extent the order's language might be construed as ambiguous or overly broad for not specifying the timing and frequency of mother's visits or the criteria for selecting a monitor, such arguments are forfeited.
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Legal issue Did the juvenile court improperly delegate authority to decide visitation details to the children's legal guardians?
Headnote
FAMILY LAW. JUVENILE DEPENDENCY VISITATION ORDERS. The case addresses whether a juvenile court improperly delegated the authority to determine visitation details, including timing and monitoring arrangements, to the legal guardians of minors under a legal guardianship order pursuant to a Welfare and Institutions Code section 366.26 hearing, and considers forfeiture of arguments due to failure to raise them at the trial court level.
FAMILY LAW. DELEGATION OF JUDICIAL AUTHORITY. The court examines the extent of permissible delegation by the juvenile court of visitation details to third parties, emphasizing that while details such as time, place, and manner can be delegated, the fundamental decision of whether visitation occurs must remain with the court.
APPELLATE PROCEDURE. FORFEITURE. The judgment explores the principle of forfeiture, noting that objections to court orders should be made at the trial level to avoid their forfeiture on appeal, thereby preventing appellate courts from considering arguments not previously raised.
Key Phrases Juvenile court orders. Legal guardianship. Monitored visitation. Dependency proceedings. Visitation discretion.
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: