Dora V. v. Super. Ct.

INTRODUCTION

In this case we examine the different statutory procedures and substantive rights that apply to legal guardians who are appointed by the juvenile court and legal guardians appointed by the probate court before dependency proceedings commence. Rene V. a/k/a/ Johnny V. (born 2012)1 was removed from the physical custody of Dora V., his legal guardian appointed by the juvenile court, pursuant to a Welfare and Institutions Code section 387 petition filed by the Los Angeles County Department of Children and Family Service (Department).2 The juvenile court sustained the petition and ordered family reunification services for Dora, including visitation that was liberalized to include overnight visits. Rene refused to participate in any overnight visits and eventually refused visitation with Dora altogether. Dora filed a petition for writ of mandate alleging the juvenile court erred when it terminated her family reunification services at an 18-month review hearing after Rene’s removal and set a selection and implementation hearing pursuant to section 366.26. In her petition, Dora contends the juvenile court failed to ensure her right to visitation was preserved by allowing…